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CORNELL UNIVERSITY LIBRARY 




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LA^^V^S 



AHD 



OKD.§WAIirCES 



OF 



NEW i^ETHEELAND, 



1638-1674. 



COMPILED AND TRANSLATED FROM THE ORIGrNAL DUTCH RECORDS IN THE 
OFFICE OF THE SECRETARY OF STATE, ALBANY, N. T. 



By E. B. O^CAXLAG TTATs r. 



ALBANY: 

"WEED, PARSONS AND COMPANY, 

PRINTERS AND STEREOTYPERS. 
18C8. 

' r 



CORNELL 

UNIVERSITY 

\x LIBRARY '// 



/{. ^0 83. 



ST.A.TE ODP ZSTEAV YORK. 



IN SENATE, 

Albany, April 20, 1867. 
Resohed, That the Clerk of the Senate cause to he printed five hundred copies 
of the Laws and Ordinances enacted by the Director General and Council of New 
Netherland from 1638 to 1674, translated from the original Dutch Records in the 
office of the Secretary of State. 

By order of the Senate, 

JAS. TERWILLIGEE, Clerk. 



PREFACE 



The States General of the United Netherlands 
incorpoi'ated, in the year 1621, a company, called 
the West India Company, to which it granted, 
among other powers, the right to establish Colonies 
in such parts of America as were not already 
occupied by other European nations. This Com- 
pany consisted originally of five branches or 
Chambers, the principal of which was located in 
Amsterdam. In virtue of their Charter, the West 
India Company planted a Colony in the country 
lying between the Connecticut river and the pres- 
ent State of Maryland, which territory was named, 
after the parent State, New Netherl^nd. The 
exclusive superintendence of this country was 
immediately transferred to the Amsterdam Cham- 
ber, which exercised supreme government over it 
until the latter part of the year 16S4. It then 
passed into the possession of the English, by 
whom it was governed until 1673, when the 
Province was again, recovered by the Dutch, and 
the government was administered in the name 
of the States General and the Prince of Orange 
until the 31st October, 1674. The country was 
finall)^ surrendered to the English, in accordance 
with the provisions of the sixth article of the 
Treaty of Westminster. 



iv PREFACE. 

The Executive government of New Netherland 
was, after the first few years, administered, until 
September, 1664, by a Director General and 
Council, who exercised the powers of local legis- 
lation, subject to the approval or revision of the 
Amsterdam Chamber of the West India Company. 
But the laws thus enacted were not to be contrary 
to, but as far as possible in conformity with, the 
Laws of Fatherland. And here, at the threshold 
of this review, it becomes our duty to define what 
then were these Laws of Fatherland. 

The Roman, commonly called the Civil Law, 
or Code of Justinian, was, originally, the basis of 
all law in Holland, so modified, however, as to be 
distinguished in time as the Roman-Dutch Law, 
according to which all constitutions, ordinances, 
placards, statutes and customs were to be ex- 
wtn'^com- plained. For it was decreed, that all tribunals in 
mcntaries, ^j^^ Provluce of HoUaud and Westfriesland, should 

Van der 

I'nStltutIs, do justice according to the laws and ordinances 

pp. 8, 58. '^ ° 

of the land, and also according to the privileges 
and old established customs and usages, and 
in failure of these, according to the Written 
Law, by which was always understood the 
Roman Law. 

The Feudal law was introduced into the Low 
Countries as early as the twelfth century, and 
thence transferred to New Netherland, where 
divers Colonies or Manors were granted to certain 
persons called Patroons. But the rights and ter- 
ritories belonging to them were, subsequently, 
purchased and re-integrated into the public domain, 
except those of Rensselaerswyck, and Colendonk 
(now Yonkers), and New Amstel, on the Delaware 



PREFACE. 

river. This last Colonie was conceded to the City 
of Amsterdam in 1656. 

As by this tenure the Lord held his fief or estate van Leeu- 

•^ wen,B. 1, 

from the Supreme Government, so the Vassal held c!l;li.^'^' 
the usufruct of his property from the Lord, under 
reciprocal obligation of protection and homage, 
subject to certain jurisdiction, personal service, 
tithes, taxes, quarter sales and seignorial rents ; 
which rents were payable in produce, poultry, 
&c. In addition to these, the Lord possessed what 
the French call the Droit de retrait, that is, the 
right to take the immovable property when sold 
by the tenant at the price stipulated in the sale. 
This right was conferred in order to protect the 
proprietor of the Manor against being wronged, 
by collusive operations, out of his just "Quarter 
sales." Those Fiefs were hereditary and indivisi- 
ble, but Patroons in New Netherland had the right 
to dispose thereof by will. They claimed also 
High as well as Low Jurisdiction, and in the 
earlier years the Colonie of Rensselaerswyck had 
its own executioner, but the right of the Patroon 
to exercise High Jurisdiction was subsequently 
denied and rejected. The Colonie of New Amstel, 
however, did possess and exercise the right to 
inflict Capital punishment. 

The Canon Law was introduced into Holland, 
contemporaneously with the Roman Law, and gov- 
erned in ecclesiastical matters and persons, until 
the time of the Reformation, when it was rejected, 
except in Testamentary affairs. Matrimonial cases, 
administration of Oaths and the like. Ecclesi- 
astics were thus deprived of all peculiar author- 
ity and ecclesiastical jurisprudence, and ecclesias- 



vi PREFACE. 

wtn.p^™" tical matters were treated according to the law of 
LMe" the church, promulgated in 1591, and subsequently 
renewed in 1612, and at other times ; that is, first 
before the Consistor_y, next before the Assembly 
and lastly before the Synod. But as in New 
Netherland there was no Synod, the supervision 
of the church in this country was entrusted to the 
Assembly, or Classis of Amsterdam, by whom the 
Dutch Clergymen were approved and ordained, at 
the request, or with the consent, of the Chamber 
of the West India Company at Amsterdam. Thus, 
that Classis may be considered as having been the 
Supreme Head of the Dutch Church in New 
Netherland. 

The Reformed Religion, according to the doc- 
trine promulgated by the Synod of Dordrecht, 
was the established religion of New Netherland, 
and the magistrates were bound to maintain it 
against all sectaries. Although English settlers, 
either of the Presbyterian or Congregational 
Order, were granted freedom of conscience, and 
had their churches, yet the right of public worship 
was denied to all other denominations, if we except 
LutheranS; Avho after some struggle were allowed 
a Minister. Catholics, Baptists, Quakers and Jews 
were alike ostracised, for none other than those of 
the Reformed religion, or persons at least well 
affected toward it, were admissible to office. By 
vaiiLeen- the laws of Holland, marriages between Protest- 
Linden! attts aud Catholics, or between Christians and Jews, 

pp. G7, tw ; ' 

pp^i^fS, were subject to grievous penalties, Jews having 
no privileges except those of Burgherright and 
Trade. In New Netherland they were even denied 
that of defending the country in case of danger, 



194. 



PREFACE. vii 

owing to the " disgust and dislike of the mass of 
the Citizens to them as fellow soldiers." 

The right of Citizenship was restricted, as a 
general principle, to native born subjects, but by 
special charters the English settlers on Long 
Island and, in 1673, in what is now New Jersey, ^^1^^%^- 
were granted " all and singular the immunities and 
privileges granted to the Inhabitants of the Pro- 
vince, as if they were natives of the United Belgic 
Provinces." These included the Dutch Law of 
Inheritance, in cases of Intestacy. 

Such, then, with the custom authorizing a com- 
munity of goods between married persons, where 
no antenuptial contract existed, were the funda- 
mental Laws of New Netherland, and the several 
Courts in that country were specially enjoined to 
" be particularly careful to observe and cause to be 
observed the Laws and Statutes of Fatherland," 
and to govern the Inhabitants conformably thereto. 

The Municipal law of the City of Amsterdam 
was also transferred to this country, the Courts of 
which were constituted, as much as possible, and the 
circumstances of the Province allowed, " accord- jj/™^^^^ 
ing to the laudable custom of the City of Amster- 
dam, in Holland." 

It has, indeed, been claimed that the law gov- g^jt'ru^s., 
erning towns or municipalities in New Netherland, 
was mainly derived from New England, but this 
claim is entirely opposed by the Laws themselves. 
The only Law ever derived from New England, 
was that against "'Fugitives from Service," which 
Avas engrafted, in the year 1650, on the Laws 
of New Netherland, by the Treaty of Hartford, 
whereby it was stipulated that the Eighth Article 



viii PREFACE. 

of the Confederation of the United Colonies should 
be observed also by the Dutch. This Article was 
as follows : 

" It is also agreed, that if any servant run away 
from his master into any other of these Confeder- 
ated Jurisdictions, that in such case, upon the 
certificate of one magistrate in the jurisdiction out 
of which the said servant fled, or upon other due 
proof, the said servant shall be delivered either to 
his master, or any other that pursues and brings 
such certificate or proof. And that upon the 
escape of any prisoner whatsoever, or fugitive for 
any criminal cause, whether breaking prison, or 
getting from the officer, or otherwise escaping, 
upon the certificate of two magistrates of the juris- 
diction out of which the escape is made, that he 
was a prisoner, or such an offender at the time of 
the escape, the magistrates or some of them of that 
jurisdiction, where for the present, the said pris- 
oner or fugitive abideth, shall forthwith grant such 
a warrant as the case will bear for the apprehend- 
ing of any such person, and the delivery of him 
unto the hands of the officer, or other person who 
pursues him. And if there be help required for 
H^ard'a the Safe returning of any such offender, then it 
shall be granted to him that craves the same, he 
paying the charges thereof." 

For many years the only Courts in the Prov- 
ince of New Netherland, of which we have any 
record, were the Patroon's Court of Rensselaers- 
wyck, and that of the Director General and Coun- 
cil on Manhattan island, the latter of which took 



state 
Papers, 2:5, 



PREFACE. ix 

cognizance of actions of debt, whether for small or 
large amounts, and of criminal cases, from simple 
assaults to those of murder. It also acted as a 
Prerogative, or Surrogate Court, and as a Court of 
Admiralty. In fine, there was nothing too minute 
and nothing too important for its jm'isdiction, and infra,T>.i». 
from its decisions there was no appeal. 

The first Town Court established Avas that of -ri./ra, pp.43 

65,58. 

Hempstead in 1644; that of Grravesend followed in 
1645, and that of Breuckelen in 1646. The only 
Court on Manhattan island up to this time was, as 
already stated, that of the Director General and 
Council. But it was found that " in consequence 
of the increase of population, lawsuits became 
multiplied, and questions and quarrels of trifling 
moment occurred, which might be determined and 
disposed of by arbitrators, but frequently remained 
undecided, to the prejudice and injury of the peo- 
ple, and to the great expense, loss of time and vexa- 
tion of contending parties, because the attention of 
the Council was engrossed by matters of greater 
importance." A court of Arbitrators, composed jn/™, 

"^ pp. 77, 78. 

of Nine Men, was therefore established in 1647. 
Three of these sat in rotation and decided such 
cases as were referred to them by the Court of 
the Director and Council, subject, however, to the 
right of appeal to that court. This board con- 
tinued until 1653, when New Amsterdam was 
incorporated and a Court of Schout, Burgomas- 
ters and Schepens was erected in that city. These 
Burgomasters acted as Orphan Masters, or Surro- 
gates, until 1655, when a distinct Orphan Court 
was erected. 



X PEEFACE. 

The town of Flushing was planted in 1645, and 
the inhabitants were authorized to elect a Schout ; 

in/ra,-p.97. a court of justice was not, however, erected therein 
until 1648. In 1652, Beverwyck (now Albany), 

o'caiKHist. was severed from the Colonie of Rensselaerswyck, 

land. 2: 183. ^^^ ^ Separate court was erected at Fort Orange, 
with jurisdiction over the first named settlement. 
This was the only Court on the Hudson river 
north of Manhattan island, before 1661. In the 
same year (1662) a bench of justice was granted to 
Middleburgh (now Newtown, L. I.), and in 1654 
the towns of Amesfoort (Flatlands), and Midwout 
(Flatbush), were allowed a joint Court, which sat 

■^"^"Sb 391 ^* *^^ latter place three-quarters, and in the former 
town one-quarter of the year, until March, 1661, 
when each town obtained a separate Bench. In 
March, 1656, Westchester and Jamaica, then called 
Eustdorp, were each permitted to elect Magistrates 

Msl'e^'saj " ^^ *^^ same footing and with the same privileges 
as Middleburgh, Breuckelen, Midwout and Ames- 
foort." A Town Court was granted to Haerlem 

p^li) 395 ™ 1660 ; to Bushwyck, Wiltwyck (now Kingston), 
Bergen and New Utrecht in 1661, and to Staten 
Island in 1664. 

On the conquest of the country in 1664, Eng- 
lish laws were introduced and another Judicial 
system was established. The Town Courts were 

Duke'3 composed of a Constable and Overseers ; a Court 
of Sessions was established, to be held by the jus- 
tices of each of the ridings of Yorkshire, which 
comprised Long Island, Staten Island and part of 
Westchester county ; and a Court of Assize, com- 
posed of the Grovernor and Council and justices of 



PREFACE. xi 

the peace. A Court of Oyer and Terminer also 
sat occasionally. 

On the reduction of New Netherland in 1673, 
the old system was restored, and an additional 
Inferior Court was established in what was called infra,p.^. 
the Out district, which was situate on that part of 
Manhattan Island between the Freshwater, or Col- 
lect, and Haerlem. Appeals from this Court lay 
to the Court of Burgomasters and Schepens of 
New Orange. Schenectady, also, had a local tri- 
bunal, from which appeals lay to the Court of 
Willemstadt, or Albany. 

By the charter graiited to Patroons in 1629, 
section twenty, the Inferior Courts in New Nether- 
land had final jurisdiction in civil cases amounting 
to Fifty guilders ($20) inclusive. In cases beyond j„f™,pp.7, 
that sum, an appeal lay to the Director General and 
Council. This rule ajDplied to, and limited, the civil 
jurisdiction of all Town Courts established prior 
to 1665, except that of New Amstel on the Dela- 
ware river, which at first had final jurisdiction, to 
the amount of One hundred guilders. In 1661 
this amount was increased to Six hundred guilders j,y,o, p. sea 
(S240). In 1673, Town Courts were allowed to 
decide, finally, suits as high as sixty florins ($24) ; 
that of the Out district on Manhattan Island, how- 
ever, had jurisdiction over suits for One hundred 
florins ($40). An entirely new Court., which may 
be called a District Court, was now added, having, 
however, appellate jurisdiction only. It was com- 
posed of the Sheriff, and of one Councillor or 
Magistrate annually appointed from each Town in 
the district. This Court took cognizance of ap- 
peals from the Town Courts in actions to the 



xii PREFACE. 

amount of Two hundred and forty florins ($96). 
In cases exceeding that sum, parties were entitled 
to an appeal to the Governor and Council. 

For the purposes above set forth, the towns in 

PPM77,479. ■"'hat is now Kings county formed one district; 
and those of Queens county, Esopus, Achter Col 
(or East New Jersey), and the South, or Delaware 
river constituted each another district. But the 
Assembly, held at Elizabethtown in November, 

i^m,p.505. 1673, invested the District Court of Achter Col 
with final original jurisdiction over " all actions of 
debt and damage, as also criminal cases to the 
value of Twenty pounds." The Elizabethtown 
Code, which is published, it is believed, now for 
the first time, was, however, never ratified. The 
towns in the present county of Suffolk were 
formed into a separate district, but as the majority 
of them refused to submit to the Dutch, a District 
Court was, therefore, never organized in that 
county. 

In criminal cases, the Charter of 1629, section 
six, granted to Patroons " the chief command and 
lower jurisdictions" within their respective Colo- 
nies. It was claimed, as already observed, that 

vanLeeu- this couforrcd Hiffh jurisdiction, or the right to 

ir,/ra,p.i. ^^-^^ cognizance of capital crimes and of offenses 
subject to corporal punishment. And indeed such 
right was distinctly conferred on the Town of 
Hempstead in 1644, for the Court there was em- 
powered to pass sentence " for the deprivation of 
life, limb, stigmatizing, or burn marking," reserv- 
ing, however, to the accused, tlie right of appeal 
to the Supreme Court. But it was subsequently 
denied that Colonies were invested with such High 



PREFACE. xiii 

jurisdiction. No criminal jurisdiction seems to 
have been conferred on the town of Gravesend or 
Flushing, the Schout, or sheriff, having only the ^^j^'M ^"^ 
power to suppress disorders, apprehend criminals, 
and to prosecute the latter before the Director 
and Council. In 1656, the jurisdiction of the iv™,p.268. 
Court of New Amsterdam was so far enlarged as 
to authorize it to pass sentence of branding and 
whipping, with power to execute the same if con- 
firmed after appeal. But as a general rule, the 
iurisdiction of each Inferior Court was confined, intra, 

•> pp. ass, 339 

in criminal matters, to "Acts, Threats, Fighting ** '''•*'• 
or Wounding, Brawls, Slanders, Scolding, Simple 
drawing of a Knife or Sword," with the right of 
appeal reserved, in most cases, to the accused. 
Cases of crime of a higher degree were always 
referred for trial to the Director and Council. 

On the reduction of the country, in 1673, by the 
Dutch, Town Courts continued to be restricted, in 
criminal matters, to the cases above set forth, but 
the Courts of Willemstadt (Albany) and New infra, 

^ '^ ^ pp. 486, 487, 

Orange (New York) had power to pronounce ^"' 
sentence, " even unto death inclusive ;" but still no 
sentence of corporal punishment could be executed 
unless approved by the Governor and Council. 

The regulation of the internal afPairs of the 
Towns was conferred on the Court of each locality. 
The magistrates of Hempstead and Gravesend 
could, with the consent of the free inhabitants, 
"make and establish such civil Ordinances amongst i„/ra,pp.43 

. ° 49, 54. 

themselves," as the major part of the said mhabit- 
ants should think fitting, for the preservation of 
the public quiet and peace of these places. The 
other Towns were authorized to enact laws for the 



xiv • PREFACE. 

'"^'Sb 387 ffi^ci^g f*f lands, laying out highways and promo- 
Si S;*"'' tion of agriculture, building churches and school- 
houses, observance of the Sabbath, and preventing 
petty offenses, subject in most instances, however, 
to the approval of the Governor and Council, 
which had to be obtained previous to their being 
enforced. But, as already remarked, such Ordi- 
nances were not to be contrary to, but as far as 
possible conformable with, the laws of Fatherland 
and the Statutes of the Province. In 1663, Town 
Jnrra, p. 446. Courts were, in addition, empowered to enact laws 
against the sale of liquor to Indians, within their 
respective jurisdictions. The local government of 
Flushing was similar to that of other villages, until 
A/'T, 1658. Aboiit that time some Quakers had been 

pp. 336, 339, ^ 

*'"■ harbored and allowed to exercise public worship 

there. This was declared an infraction of the 
laws of the Province, for which the town richly 
deserved to be punished. Accordingly, all future 
town meetings, imless sanctioned by the Gover- 
nor and Council, the Sheriff or one of the Magis- 
trates, were prohibited, " as they were seldom 
productive of good," Instead of such Town meet- 
ings, seven persons called Tribunes or Town's men 
were " once and for all " to be elected, who, with 
the Sheriff and Magistrates were empowered to 
make laws for tlie affairs of the Town, such as for 
fences, highways and bridges, schools, churches 
and other public buildings. This law continued 
in force until the close of 1663. 

The Laws enacted by the Director and Council 
"*- were binding througliout all New Netherland, ex- 
cept such of them as applied exclusively to locali- 
ties named in the Act. The right of the Director 



PREFACE. XV 

and Council to exercise jurisdiction within the 
Colonies of Patroons was, however, called in ques- 
tion in Pavonia as early as 1638, and denied in ?. y coi. 

-J MSa. 1: 41. 

Rensselaerswyck in 1648. In this latter instance, 
the Director General and Council having issued a 
Proclamation for a general Fast, and the perform- ccaiLHist. 

° ■'^ N. Nether- 

ance of public worship in the several churches f^t-ii,'^. 

, 308, 310. 

throughout the Province, it was transmitted to 
Rensselaerswyck. This was considered an inva- 
sion of the rights of the Patroon, the local authori- 
ties maintaining that such orders were of no 
authority unless indorsed by them and executed 
by their officers, and they protested accordingly 
against its publication within their limits. The 
opposition was renewed in 1652, when an Ordi- 
nance was sent prescribing the bounds of Fort 
Orange, publication of which in the Colonic was 
also refused; and when, in 1654, another Edict 
was issued to collect an Excise on liquors within 
one thousand rods of Fort Orange, the authorities 
of Renselaerswyck gave orders not to pay the 
impost. An Ordinance was next issued in 1656, 
du-ecting all Towns and Colonies to pay the 
Tenths of their crops, a copy of which was like- 
wise sent to the authorities of Renselaerswyck, 
but they refused to publish it, and this difficulty 
was not settled until 1658, when the Colonic com- 
pounded for the Tenths. The authority of the 
government of the Company was, however, finally 
acknowledged, and the Ordinances drawn up in 
the Colonic were submitted, like all other muni- 
cipal or local Ordinances of importance, for the 
approval and ratification of the Director General 
and Council, which had to be obtained before they 



xvi PREFACE. 

wt", pp^K, coi-^W be enforced. But it was a fixed rule, that no 
Law or Ordinance was binding upon the Inhabit- 
ants of any place, until promulgated where pub- 
lication was usually made in such place, and 
afterward posted or placarded. 

The Chamber at Amsterdam possessed, as 
already stated, and, as will be seen by the Notes 
appended to some of the Ordinances now pub- 
lished, exercised an absolute Veto on the legisla- 
tion of this cou.ntry. Not only that, but the 
Chamber, in many instances, originated and 
transmitted hither Laws prepared and printed 
in Amsterdam, and in other cases altered and 
amended the Ordinances enacted by the Director 
General and Council, and then returned them so 
enacted or amended to be put in force here. 

Unfortunately none of those Printed Laws are 
among the Archives of the State. References have 
been found to other Ordinances and Grants, copies 
of which, however, are not among the Dutch 
Records. In order to render this volume as com- 
plete as possible, the titles of such Grants and Ordi- 
nances are given, accompanied by Notes, in type 
smaller than that of the Text, explanatory of the 
nature of the Document and of the circumstances 
which called it forth. Care has also been taken to 
translate and append such remarks as the Laws 
now published elicited from the authorities in 
Amsterdam. 

A full Index is added to this work, which it is 
hoped will now supply, what has hitherto been a 
great desideratum, reliable information respecting 
the Constitution and Laws of this State during the 
first half century of its existence. 



COISTTENTS. 



1629. 
Jvme 7. Freedoms and Exemptions page. 

Granted by the West India Company to all Patroons, Masters, or 
Private Persons who will plant Colonies in New Netherland, . . 1 
1638. 
April 15. Ordinance 

Prohibiting trade in Furs ; Regulating intercourse with Ships in 
Port ; Enjoining due attention on the part of Workmen ; Estab- 
lishing Court days, and prohibiting Immorality, 10 

May 17. Ordinance 

Against Immoderate drinking, and Harboring seamen on shore 
at night, 12 

June 7. Ordinance 

Of the West India Company against Clandestine Trade 13 

June 24. Ordinance 

Authorizing the issuing of Patents to freemen for their Lands, ... 16 

Aug. 19. Ordinance 

For the Inspection of Tobacco, and drawing up of Legal Instru- 
ments, 16 

Nov. 35. Ordinance 

For the recovery of Public property ; protection of private Gar- 
dens and Henroosts, and prohibiting persons in the public ser- 
vice quitting the Island of Manhattan without permission, .... 17 
1639. 
March 31. Ordinance 

Prohibiting the sale of Firearms, &c., to Indians, and requiring 
Vessels sailing to or from Fort Orange, the South River, or Fort 
Hope, to take out clearances, 18 

Aug. 11. Ordinance 

For the regulation of the Workmen in the Public Service, 20 

Sept. 22. Ordinancb 

Fixing the price of Duffels, 21 

1640. 
March 15. Ordinance 

Against Trespassing, 21 

May 9. Ordinance 

Against Trespasses on Indian Maize Lands, 22 

May 9. Ordinance 

Providing for the Arming and mustering of the Militia in case of 
danger, 23 

Aug. 9. Ordinance 

Against Fugitives from Service, and providing for the proper draw- 
ing up of Legal Instruments, 24 

C 



xviii CONTENTS. 

1641 
April 11. Ordinance page. 
Against tapping Beer, &c. during Divine service, or after Ten 
o'clock at night ; against using any but the Amsterdam meas- 
. ure, and for fixing the price of Beer, 25 

V April 18. Ordinance 

Regulating the Currency of Wampum, 26 

June 6. Feeedoms and PriviIjEGES 

Granted to English Settlers, 27 

July 4. Ordinance 

Ofl'ering a reward for the Heads of Raritan Indians, 28 

Sept. 30. Ordinance 

Establishing an annual Fair at New Amsterdam, 29 

1643. 
April 3. Ordinance 

Prohibiting the purchase of produce raised near Fort Hope, 29 

April 3. Ordinance 

Imposing certain Import and Export Duties, 31 

April 13. Ordinance 

Against harboring Fugitive Servants, 32 

July 11. Ordinance 

Against drawing a Knife and inflicting a Wound therewith 33 

Oct. 16. Ordinance 

Against Defaults, 34 

1643. 
June 18. Ordinance 

Against selling intoxicating Liquors to Indians, 34 

June 18. Ordinance 

Against harboring Fugitive Servants (renewed), 35 

Nov. 19. Ordinance 

Regulating the Burgher guard, 35 

1644. 
Feb. 25. Act 

Emancipating certain Negro Slaves therein mentioned, 36 

March 31. Ordinance 

For the construction of a public Inclosure on the Island of Man- 
hattan, 37 

June 7. Ordinance 

Against depositing Ashes, or committing any nuisance within 
Fort Amsterdam 38 

June 21. Ordinance 

For levying an Excise on Liquors and Beavers 38 

Aug. 4. Ordinance 

For Further levying an Excise on Beavers and Beer, 40 

Aug. 25. Ordinance 

Against Harboring certain persons, 41 

Nov. 16. Charter 

Granted to the Town of Hempstead, 43 

1645. 
Feb. 23. Ordinance 

Further prohibiting the Sale of Firearms, etc., to Indians, 47 

Oct. 10. Charter 

Granted to the Town of Flushing 48 

Nov. 21. Ordinance 

Further iiroliibiting the sale of Intoxicating Liquors to Indians,. 52 
Dec, 19. Charter 

Granted to the Town of Gravesend, L. 1 53 



CONTENTS. xix 

1646. 
June 12. Ordinance page. 

Establishing a Court of Justice in Breuckelen 58 

June 12. Okdinance 

Further providing for the proper drawing up of Legal Instru- 
ments, 59 

Sept. 27. Act 

Manumitting a Negro Slave 60 

1047. 
May 31. Ordinance 

Against selling Liquor during Divine Service on the Sabbath, and 
after nine o'clock at night ; and against Fighting with Knives, 60 
June 18. Ordinance 

Against trading in the Minquas countrj', 63 

July 1. Ordinance 

Against selling Liquor to Indians ; against Trespasses ; and for 

the erection of Fences and a Public Pound, 64 

July 4. Ordinance 

Against Smuggling, and to oblige Merchants to exhibit their 

Books and Accounts when called on, 65 

July 4. Ordinance 

Imposing an Excise on Wines and Spirituous Liquors, 69 

July 4. Ordinance 

Kespecting Large and Small ships and Smuggling 71 

July 23. Ordinance 

Imposing an Export Duty on Furs, 73 

July 25. Ordinance 

Kegulating Buildings in the city of New Amsterdam, 74 

Sept. 25. Ordinance 

Establishing a Board of Nine Men 75 i 

Nov. 22. Ordinance 

Providing for the completion of Fort New Amsterdam, 79 

Nov. 30. Resolution 

Respecting loose Wampum, 80 

1648. 
Jan. 12. Ordinance 

Forbidding Brewers to retail, and Tavern keepers to manufacture 
Beer, 80 

Jan. 20. Resolution 

Opening the Trade to Brazil and Angola, and authorizing the 
Importation of Slaves into New Netherland, 81 

Jan. 23-28. Ordinance 

Prohibiting Wooden Chimneys, and appointing Firewardens in 
New Amsterdam 82 

Jan. 29. Ordinance 

Further regulating the Fur trade and imposing a Duty on 

Exported Furs, 83 

March 10. Ordinance 

Against Goats and Hogs running at large in New Amsterdam, . . 85 
March 10. Ordinance 

For the regulation of Trade and Navigation ; the establishment of 
a weekly Market and an annual Fair, and declaring the East 

river free to all nations, 86 

March 10. Ordinance 

Regulating Taverns in New Amsterdam, 93 

April 27. Additional Privileges 

Granted to the Town of Flushing, 97 



XX 



CONTENTS. 



1648. 
April 29. ORDmANCB i"-*-ge. 
For the better observance of the Sabbath 98 

May 13. Ordinance 

Further prohibiting the sale of Intoxicating Liquor to Indiana,. . 100 

Aug. 19. Ordinance 

Further prohibiting the Sale of Fireams, &c., to Indians 
(renewed), 101 

Sept. 18. Ordinance 

Obliging Scotch Merchants and Petty Traders to reside three years 
in New Netherland, &c., 101 

Sept. 28. Ordinance 

For the better enforcing of the Ordinance against Fires, 102 

Sept. 28. Ordinance 

For the recovery of Wages due to Indians, 103 

Oct. 6. Ordinance 

Against Fugitives from Service, 104 

Dec. 15. Ordinance 

For the speedier erection of Buildings in New Amsterdam, 105 

1649. 
April 21. Ordinance 

Fixing the duty on New Netheriand Tobacco, 106 

May 8. Ordinance 

Further providing for the proper drawing up of Legal Instru- 
ments, 108 

July 19. Ordinance 

To enforce the Law respecting Weights and Measures, 109 

Nov. 8. Ordinance 

To prevent frauds on the Excise, 110 

Nov. 8. Ordinance 

Prohibiting the Exportation of Grain and Bread from New Nether- 
land, Ill 

Nov. 8. Ordinance 

Regulating the Baking and sale of Bread, 112 

1650. 
Feb. 7. Ordinance 

To prevent Frauds in the conveyance of Real Estate, 114 

May 23. Ordinance 

Against encumbering or obstructing Highways, 114 

April 14. Ordinance 

Amending the Ordinance of the 8 November, 1649, regulating the 
Baking and sale of Bread 115 

May 30. Ordinance 

For the better regulation of the Currency, 115 

Sept. 14. Ordinance 

Further regulating the Currency, 117 

June 27. Ordinance 

Further prohibiting the running at large of Goats, Hogs and other 

Animals in New Amsterdam 118 

1651. 
June 5. Ordinance 

Regulating the price of Bread, Wine, Brandy, &c., 119 

Aug. 28. Ordinance 

To prevent Smuggling, 122 

1052. 
February. Ordinance 

Regulating the Windmill, 123 



CONTENTS. xxi 

1652. 

Ordikance page. 
Abolishing tlie Export duty of eight per cent on New Netlierland 
Tobacco, 125 

Oedinancb 
Imposing a Duty on Merchandise imported into New Netherland 

from New England, 126 

April 4. Conditions and Regiilations 

For the Importation of Negroes from Africa into Now Nether- 
laud, 137 

April Ordinance 

Against Illegal Trade in Powder, Lead, and Guns in New Nether- 
land by Private persons, 128 

June 27. Ordinance • • 

Eegulating the driving of Wagons, Carts, &c., in New Amster- 
dam, 128 

June 27. Ordinance 

Against boarding Vessels arriving at New Amsterdam before the 

same are entered, 129 

July 1. Ordinance 

Regulating the purchase of Indian Lauds and vacating and an- 
nulling sundry grants and purchases therein mentioned 130 

Sept. 4. Ordinance 

Reducing the Duty on Furs, 135 

Sept. 80. Ordinance 

Against Runners in the Mohawk or Sonecas country, 187 

Oct. 9. Ordinance 

Against firing at Partridges or other Game within the limits of 

New Amsterdam, 138 

October. Ordinance 

Renewing the Ordinance ag'aiDSt the Exporting of grain and 
against the consumption thereof by Brewing, Distilling, &c.,. . 138 
October. Ordinance 

Regulating the Baking and sale of Bread (renewed), 139 

1653. 
Feb. 18. Ordinance 

Regulating the Inspection of New Netherland Tobacco, 139 

Feb. 18. Resolution 

Ordering the publication of the Ordinances respecting Farm Ser- 
vants, and regulating the Brewing and Malting of Grain, 140 

March 26. Ordinance 

For the more general planting of Com and other Grain, 141 

March 26. Ordinance 

Imposing an additional Excise on Wines and Strong Liquors, . . . 142 
May 12. Ordinance 

Providing for the fortifying of the city of New Amsterdam, .... 144 
May 30. Ordinance 

Directing returns to be made of all Grain in Fort Orange and the 
Colonie of Renselaersvryck, 146 

Aug. 4. Resolution* 

Declaring that no Appeal can lie from Judgments pronounced in ^ 
New Netherland, 147 

Aug. 18. Ordinance 

Further regulating the price of Wine and Brandy 148 

Nov. 19. Ordinance 

Fixing the prices of cert.ain Imported goods 149 



xxii CONTENTS. 

1653. 

Ordinance page. 

Fixing the rate of wages to be paid to Carpenters, Masons, &c. . . 153 
1654. 
Jan. 19. Okdinancb 

Regulating the publication of Bans of Matrimony, 152 

Jan. 28. Ordinance 

Imposing Duties on Indian Goods, Wines, Brandy, &c., 153 

April 8. Ordinance 

Against Pirates and Vagabonds, and requiring Strangers to report 
and give an account of themselves, 155 

April 8. Ordinance 

For the better defense of the Dutch Towns on Long Island, 159 

June 14. Ordinance '• 

Providing additional Works for Fort Amsterdam, 161 

July 1. Ordinance 

Regulating the Ferry at the Manhattans, 162 

- July 7. Ordinance 

Against removing property from the City of New Amsterdam 
during the present Panic, and forbidding the return to said City, 
after the Panic has subsided, of such persons as may remove, . . 160 

July 11. Ordinance 

Against circulating False Reports, and for obliging those who 
have removed from the City of New Amsterdam to return 
thither, 168 

July 11. Ordinance 

To prevent injury to the Fortifications, 170 

Ordinance 
Providing for the Increase of Sheep, 171 

July 22. Ordinance 

Amending the Ordinance of the 38 January, 1654, imposing Duties 

on Indian Goods, Wines, Brandy, &c., 171 

Aug. 3. Ordinance 

Regulating the purchase of Lands from the Indians, and requir- 
ing all who have not Patents to take out the same within six 
weeks 173 

Aug. 10. Ordinance 

Regulating the Weigliing house in New Amsterdam, 174 

Aug. 20. Ordinance 

Regulating the duties of the Provost Marshal, 177 

Aug. 24. Ordinance 

Imposing a Tax on Land and Cattle, 180 

Aug. 28. Ordinance 

Against furnishing Liquor to Indians, 183 

Sept. 2. Ordinance 

Authorizing a Tax Levy in Midwout to defray Town Charges, . . . 184 

Nov. 18. Ordinance 

For the better collection of the Excise at Fort Orange 184 

Dec. 81. Ordinance 

For the further protection of Fences, 185 

1655. 
Feb. 6. Ordinance 

Regulating the Duties and Fees of the City Marshal 186 

Feb. 23. Ordinance 

Determining the Fee for executing a Deed before the Magistrates 
of New Amsterdam, 189 



CONTENTS. xxiii 

1C55 
March 10. Ordinakcb page. 

Renewing the Ordinance regulating the Inspection of New Neth- 

erland Tobacco, jmssed 18 February, 1653, 189 

May 5. Ordinance 

Establishing a Tariff of Fees|po be received by the Clerk of the 

Court of Breukelen, Midwout and Amesfoort 190 

July 27. Ordinance 

Of the Court at Fort Orange prohibiting Dutch Bosloopers, 190 

Aug. 6. Ordinance 

Imposing a Duty on exported Negroes, 191 

Aug. 28. Ordinance 

Exempting Jews from Military service, 191 

Oct. 9. Ordinance 

For the better preservation of Fences, 193 

Oct. 11. Ordinance 

Levying an Assessment in the City of New Amsterdam, 196 

Oct. 16. Ordin.\nce 

Against persons going into the Country in small parties 198 

Oct. 16. Ordinance 

Authorizing the lajing out of the Village of Midwout, 199 

Oct. 18. Ordinance 

Prohibiting intercourse with the Indians on the West side of 

Hudson's river, 200 

Nov. 5. Ordinance 

Kenewing the Ordinance against Goats running at large in New 
Amsterdam, , 201 

Nov. 29. Ordinance 

Increasing the Tavemkecners' Excise throughout the Province 
of New Nethcrland, ". 203 

Nov. 29. Ordinance 

Fixing the price of strong New Netherland Beer, 203 

Dec. 20. Ordinance 

Imposing an Excise on Liquors at Fort Casimir, and prohibiting 
the sale of Liquor to the Indians on the South river (Delaware), 204 
Dec. 31. Ordinance 

To prevent Firing of Guns, Planting May poles and other Irregu- 
larities ^vithin this Province 205 

1656. 
Jan. 18. Ordinance 

For the formation of Villages, and prohibiting Straw roofs and 
Wooden chimneys, 388 

Jan. 18. Ordinance 

Establishing an Excise on Slaugh'tered cattle, 308 

Jan. 37. Ordinance 

For the more effectual collection of Duties on exported Furs, 810 

Feb. 1. Ordinance 

Against Conventicles 311 

Feb. 23. Ordinance 

For the immediate formation of the Village of Midwout, 213 

Feb. 22. Rebolution 

Of the States General ratifying the Treaty of Hartford, 215 

Feb. 33. Ordinance 

For the proper maintaining of Fences on Lands at tho South 
river, and for other purposes therein mentioned, 318 



xxiv CONTENTS. 

165« 
Feb. 25. OBDmANCE paoe. 

Confirming tlie survey of the city of New Amsterdam, 219 

April 27. Ordinanob 

Providing for the collection of Duties on Exported Furs and 

Liquors, ^ 220 

AprU 27. Okdinance 

Directing all articles over Twenty-five pounds to be weighed at 

the Weighinghouse, 323 

April 27. Ordinance 

Further regulating the Weighinghouse in New Amsterdam, .... 224 
May 29. Ordinance 

Against lodging Indians in New Amsterdam, 228 

May 22. Ordinance 

To prevent damages by Hogs, at Fort Casimir, 228 

May 26. Ordinance 

For the better securing of the Village of Midwout, 229 

June 7. Ordinance 

Amending the Ordinance for the collection of Duties on Exported 

Liquors, 231 

June 27. Ordinance 

For the payment of Tenths, 232 

June 27. Ordinance 

Providing for the clearance of Vessels, and for the entry of Goods 

subject to Export Duties, 233 

July 1. Ordinance 

Renewing the Ordinances for the formation of Villages, and against 

admitting armed Indians into Cities, Villages and Houses, 234 

Aug. 11. Ordinance 

Renewing and amending the Ordinance against importing arti- 
cles of Contraband, 236 

Aug. 12. Conditions 

Offered by the City of Amsterdam to those who may be sent as 

Colonists to the South River of New Netherland, 289 

■-Aug. 24. Ordinance 

Explaining the Ordinance of the 11 August, 1656, so far as re- 
gards the Anchorage ground in the port of New Amsterdam, . . 248 
Sept. 6. Ordinance 

Regulating the Fees payable at the Custom-house and Public 

Store, New Amsterdam, 249 

Sept. 13. Ordinance 

Establishing a Weekly Market at New Amsterdam, 251 

Sept. 20. Ordinance 

For the regulation of tTie Director General's Company 252 

Sept. 27. Ordinance 

Regulating the rate at which Beaver is to be received in payment 

of Duties, 255 

Oct. 24. Ordinance 

For the sweeping of Chimneys at Fort Orange, 257 

Oct. 26. Ordinance 

Renewing and amending the Ordinances for the due observance 
of the Sabbath ; against furnishing Liquor to Indians, or ex- 
porting Liquors without a permit, and for establishing an 
Assize of Bread, and regulating the trade of Baking, 258 

Nov. 25. Ordinance 

Further regulating the Excise in New Amsterdam, 263 



CONTENTS. XXV 

1656. 
Nov. 27. Okdinance page. 

Providing for the Fencing of Lands at Fort Casimir, 266 

Dec. 12. Ordinance 

For the Inspection of Tobacco at the South river, 267 

Dec. 21. Ordinance 

Enlarging the jurisdiction of the Court of New Amsterdam, 268 

Dec. Articles and Ordinances 

Revised and enacted hj the Right Honorable the Lords Burgo- 
masters of the City of Amsterdam, according to which shall 
be engaged and sworn, all those who shall hereafter enter the 
service of the Lords Burgomasters of the City of Amsterdam, 
for the purpose of going with their own, or chartered ships to 
New Netherland and the limits of the West India Company's 
Grant, pursuant to the Agreement entered into with it, and ap- 
proved of by the High and Mighty Lords States General of the 
United Netherlands. Also, those who shall happen to transport 
themselves thither as Colonists and other Free persons. All 
which, the above mentioned Lords States General and the Lords 
Burgomasters of the aforesaid City, ordain and command shall 
be obeyed, maintained, respected during the aforesaid journey 
both by water and on land, by all and every of the crew of the 
Ships which are equipped, sent, and fitted out to New Nether- 
laud, and generally by all those who shall repair to the Coun- 
try aforesaid as Servants or as Colonists, and other Free persons 

as aforesaid, 269 

1657. 
Jan. 3. Ordinance 

Regulating the Currency 289 

Jan. 9. Resolution 

Suspending the preceding Ordinance 292 

Jan. 10. Ordinance 

For the removal of Abuses in the Indian Trade at the South 
River, 293 

Jan. 16. Ordinance 

For the Fencing of Private Lands, and authorizing the cutting of 
Firewood and Timber on unfenced Lands, 294 

Jan. 2p. Ordinance 

Obliging Tavernkeepers to take out Licenses, and to pay Excise, . 296 

Jan. 30. Ordinance 

Establishing Great and Small Burgherright in New Amsterdam, . 298 

Feb. 2. Ordinance 

Declaring who may be admitted Great and Small Burghers, .... 301 

Feb. 7. Ordinance 

Imposing an Assessment to pay the salary of the Rev. Mr. Pol- 
hemius, &c., j . 304 

March 30. Ordinance 

For the better Inspection of Tobacco, 307 

■^ June 12. Ordinance 

Renewing the laws for the better Observance of the Sabbath; 
against selling Liquor to Indians, and Smuggling ; prescribing 
the Anchorage ground in the port of New Amsterdam ; provid- 
ing for the safe delivery of Letters, and prohibiting Fast driving 
through the Streets, , 310 

Aug. 12. Ordinance 

For the more effectual prevention of Smuggling, 314 

Aug. 24. Ordinance 

Against exporting Goods without a Permit, 316 

D 



xxvi CONTENTS. 

1657. 
Nov. 39. Ordinance page 
Further regulating the Currency, 317 

Dec. 3. Oedinance 

Against receiving Goods in Pawn for Liquor, 830 

Dec. 15. Ordinance 

Annulling fraudulent Salea of Mortgaged Lands on the South 

river, 331 

Dec. 15. Ordinance 

For the more effectual and speedy removal of Thatched Roofs, 
Wooden Chimneys and Hay-stacks from New Amsterdam, and 
for providing that City with Fire-buckets, Hooks and Ladders, . 333 

Dec. 15. Ordinance 

Against Street broils and Fights in New Amsterdam, 334 

1658. 
Jan. 15. Ordinance 

For Appraising and Assessing vacant Lots in New Amsterdam, . . 335 

Jan. 15. Ordinance 

To oblige parties to Marry after the publication of their Bans, . . . 338 
Jan. 35. Ordinance 

Regulating the Duties and Fees of Notaries and other OflBcers, . . 339 
Ordinance 

Of tlie States of Holland prohibiting certain Festivitie'S, 333 

March 4. Ordinance 

For establishing a New Village at the end of Manhattan Island, . 335 
March 19. Ordinance 

To prevent Fraud in the shipping of Tobacco, 337 

March 36. Ordinance 

For the better government of the Town of Flushing on Long 

Island, 338 

April 9. Ordinance 

Renewing sundry Ordinances therein mentioned, 343 

April 9. Ordinance 

Renewing the Ordinance against the Importation of Munitions 
of War ; against the unseasonable loading and unloading of 
Yachts, Ketches and Barks ; against carrying persons away 

without a Pass, &c., 346 

April 11. Ordinance 

Against cutting Sods or dredging Oyster shells on Manhattan 
Island, within certain limits, 347 

April 16. Ordinance 

Explaining what Goods are subject to Import Duty, 348 

April 33. Ordinance 

Continuing the Ordinance of the 37 April, 1656, and further regu- 
lating the Duties payable on Imported and Exported Goods, . . 349 

April 23. Ordinance 

Regulating the Duties and Fees of Court messengers, 351 

July 2. Ordinance 

For the payment of Tenths, , . . 356 

Nov. 11. Ordinance 

Making Wampum a legal Tender in certain cases, and fixing the 

price of Broad and Liquors, 357 

Nov. 37. Ordinance 

For the immediate Settlement of Hacrlem, 361 

Nov. 37. Ordinance 

For the proper Assize of Bread at Fort Orange, 361 



CONTENTS. xxvii 

1058. 
Nov. 27. Ordinance paob. 

For the better prevention of Fires at Fort Orange 363 

Nov. 28. Obdinance 

Obliging Boarding-house keepers to pay Excise, 364 

Nov. 28. Oedinance 

For the establishment of two Cattle Fairs in New Amsterdam, . . 864 
Nov. 29. Ordinance 

Fixing the rate at which certain Debts may be paid at Fort 

Orange, in Wampum, 365 

Dec. 30. Ordinance 

For the better preservation of Fences, 365 

Dec. 30. Ordinance 

Against Firing guns, Planting May-poles, Beating Drums, or 
Selling Liquor on May-day or New-year's-day, 366 

Sept. 27. Ordinance 

Against molesting Indians within the jurisdiction of Fort Orange, 306 
Dec. 10. Ordinance 

Kegulating Tapsters ; against playing Golf in the Streets ; against 
piling Firewood in the Streets, and against firing Guns on New- 
year's-day, at Fort Orange, 367 

1660. 
Feb. 9. Ordinance 

For the establishment of Villages, 368 

Feb. 23. Ordinance 

For inclosing the Village, and for the better government of the 
Town of New Utrecht, 370 

Feb. 26. Ordinance 

For the better preservation of the Palisades around the Villages 

of Midwout and Amesfoort, 378 

April 9. Ordinance y 

Defining the Powers and Duties of the Schout of New Amster- ^ 

dam, 374 <i 

May 25. Ordinance 

Excluding all persons who have not obtained their Burgher- 
right, from trading to Fort Orange or other parts of New 

Netherland, 377 

May 31. Ordin.\ncb 

Against employing Brokers in the Indian Trade at Fort Orange, . 878 

June 2. Ordinance 

Providing for the safe transmission of Letters to Holland 379 

June 7. Ordinance 

For the more regular Recording of Judgments, &c., in the Inferior 
Court of New Amsterdam, 380 

June 28. Ordinance 

Prohibiting Runners at Fort Orange going into the Woods to 
trade with Indians, 381 

July 2. Ordinance 

Renewing the Ordinance against resorting to tlie North and South 
rivers without a Permit, 382 

July 21. Ordinance 

Renewing the Ordinances for the regulation of the Fur trade, and 
forbidding the Sale of Liquor to Indians at Fort Orange and 
Rensselaerswyck, 383 

July 25. Ordin-\nce 

Imposing a Tax on Chimneys at Fort Orange, 385 



xxviii CONTENTS. 

1660. 
Aug. 16. Oedikance page. 

Erecting a Court of Justice in Haerlem, 386 

Nov. 25. Oedinance 

Directing the Fencing and Improving of the Lands and Lots at 

the Esopus, 387 

1661. 
March 21. Additional Privilegbs , 

Granted by the Directors in Holland to the Colonie of the City of K 
Amsterdam, on the South River of New Netherland, 388 

March 31. Ordinance 

Erecting a Court of Justice at Bushwyck, 389 

March 31. Ordinance 

Erecting separate Courts of Justice for Midwout and Amesfoort, . 390 
April 11. Ordinance 

Further regulating the Weighinghouse, 391 

April 25. Ordinance 

Of the Director and Council of Eensselaerswyck forbidding the 

trading with Indians in the Woods, 394 

May 16. Ordinance 

For the erection of a Court of Justice at Wildwyck, 395 

June 33. Ordinance 

Against False entries at the Custom House, 401 

July 6. Ordinance 

For the collection of the Tenths within the district of Breuckelen, 403 
Sept. 5. Ordinance 

Erecting a Court of Justice at Bergen, 403 

Sept. 15. Ordinance 

Commanding the Inhabitants of certain Towns to take out Pat- 
ents for their Lands, 409 

Oct. 22. Ordinance 

Against Offsetting claims of persons in the public service against 

payment of Duties, 410 

Oct. 22. Ordinance 

Making provision for the Poor, 411 

Nov. 12. Ordinance 

Imposing a Land tax at Esopus, to defray the expense of building 

a Minister's house there 413 

Nov. 18. Ordinance 

For the observance of the Sabbath, prevention of Fires, construc- 
tion of Fences and Houses, and for the keeping in repair the 
Palisades at Wiltwyck, in the Esopus, 415 

Nov. 21. Ordinance 

Imposing an Excise for one year at the Esopus for the further 
defraying the expense of building the Minister's house at Wilt- 
wyck 418 

Nov. 22. Ordinance 

For the construction of a new Road at the Esopus, 420 

Nov. 24. Ordinance 

For the more speedy collection of the arrears due on the House, 
and Salary of the Minister at Wiltwyck, in the Esopus, 421 

Dec. 22. Ordinance 

Erecting a Court of Justice at New Utrecht, ... 422 

1662. 
Feb. 9. Ordinance 

For the construction of a Public Well in the Village of Bergen, . 424 



CONTENTS. xxix 

1662. 
Aug. 5. Ordinance page. 

Renewing the Ordinance of the 21st of July, 1660, regulating the 

Indian trade at Fort Orange, 425 

Aug. 5. Ordinance 

Further regulating the Indian Trade at Fort Orange, 426 

Sept. 21. Ordinance 

, Against Conventicles, 428 

Oct. 16. Ordinance 

Against burning Straw and other refuse Combustibles in the 

Village of Wiltwyck, 430 

Nov. 27. Ordinance 

Against selling Grain at the Esopus by Unstamped measures, . . . 431 
Nov. 27. Ordinance 

Against receiving in pawn clothing, arms, &c., belonging to Sol- 
diers stationed at Wiltwyck, 432 

Nov. 27. Ordinance 

Against making openings in the Palisades at Wiltwyck, 433 

Dec. 28. Ordinance 

Further regulating the Currency, 433 

1663. 
Feb. 2. Ordinance 

Against advancing Money out of the public Treasury to persons 
in the public service 435 

Feb. 12. Further Concessions 

By the West India Company to the Colonie of the City of 

Amsterdam on the South River of New Netherland, 435 

March 30. Ordinance 

For the perfecting of Titles to Lands at Wiltwyck, and for the 

more speedy settlement of the same, 437 

April 5. Ordinance 

Against False entries at the Custom House, 438 

April 26. Ordinance 

For the more speedy and effectual settlement of conceded Lands, . 438 
May 17. Ordinance 

Prohibiting the bringing of Quakers and other Strollers into 
New Netherland, 439 

May 24. Ordinance 

Authorizing the Fanner of the Customs to visit and examine 
Vessels, 441 

June 18. Ordinance 

Against carrying on any Indian trade at Schaneohtade, 443 

June 21. Ordinance 

For the better protection of Persons traveling on the Public 
roads, 444 

July 12. Ordinance 

For the arrest of Hostile Indians, 444 

July 19. Ordinacne 

Prohibiting the Inhabitants of Breuckelen removing their crops 
before the Tenths are paid, 445 

July 19. Ordinance 

Empowering Inferior Courts to make Laws to prevent the sale of 
Liquor to Indians, 446 

July 30. Additional Concessions 

To the Colonie of the City of Amsterdam, on the South River of 
New Netherland, 447 



ixx CONTENTS. 

16C3. 
Sept 10. Ordinance page. 
For the better observance of tlie Sabbath, 448 

Nov. 15. Ordinance 

For the better security and settlement of Bergen 449 

Nov. 29. Ordinance 

To prevent certain abuses on Leased lands, 4^0 

Dec. 31. Ordinance 

For the arrest of Indians found drunk on Sundays, 451 

Dec. 31. Ordinance 

Prohibiting the purchase of Goods stolen by Indians, 452 

1664. 
Jan. 3. Ordinance 

For the appointment of Fence Viewers and the erection of Pounds 
in the several Towns and Villages of the Province, 453 

Jan. 23. Edict 

Of the States General declaring the Right of the West India 
Company to plant Colonies in America, and the power of said 
Company to conclude the Treaty of Hartford in 1650, 455 

Jan. 28. Ordinance 

Erecting a Court of Justice on Staten Island, 458 

Feb. 14. Ordinance 

For the Kecording of Deeds and Mortgages in Breuckelen, Mid- 
wout, Amesfoort and New Utrecht, 459 

March 17. Ordinance 

For the better and more careful Instruction of Youth in the prin- 
ciples of the Christian Religion, 461 

April 32. Ordinance 

Against Non-residents selling by retail at Fort Orange, 463 

June 23. Ordinance 

For the better regulating and keeping of Fences on Manhattan 
Island, and for the appointment of Fence Viewers, 463 

June 33. Ordinance 

For the better regulation of the Trade with Indians, 463 

July 17. Ordinance 

For the more careful Navigation of the North River, 465 

1673. 
Aug. 17. Ordinance 

Altering the Form of Government in the city of New Orange, . . 465 

Aug. 18. Freedoms and Exemptions 

Of the several Towns in Achter Col, 407 

Aug. 18. Ordinance 

Seizing all property belonging to the English or French in New 
Netuerland 468 

Aug. 28. Act 

Confiscating Shelter Island and conveying the same to Nathaniel 
Silvester, 470 

Sept. 11. Ordinance 

Against entertaining Strangers in the City of New Orange, 473 

Sept. 20. Act 

Confiscating all property in the Province belonging to the Eng- 
Ush and French, with certain exceptions, 474 



CONTENTS. xxxi 

1673. 
Sept. 25. Okdinance page. 
Directing Inhabitants of Hempstead who liad not taken the Oath 
of Allegiance to do so within four days, 475 

Oct. 1. Ordiijance 

Explaining the Duties and Powers of the Schout and Schepens of , 
Midvvout, Amesfoort, Breuckelen, New Utrecht, Gravesend and V 
Biishwyck, 470 

Oct. 16. Ordinance 

Providing Means to indemnify parties whose property in New 
Orange may be taken for public purposes, 480 

Oct. 10. Ordinance 

Directing the demolishing and removal of certain Buildings in 
New Orange, and providing payment for the same, 482 

Oct. 31. Ordinance 

Prohibiting the sale of strong liiiuors to soldiers in garrison at 
New Orange, 485 

Nov. 8. Ordinance 

Prescribing the Duties and Power.<! of the Court of Willemstadt 
and Henselaerwyck, 485 

Nov. 14. Ordinance 

Prescribing the Duties and Powers of the Deputy Sheriff" and , 
Schepens of the Out district on Manhattan Island, between the / 
Fresh Water and Haerlem 488 

Nov. 18. Laws and Ordinances 

Enacted by the Schout and Magistrates of After Coll Assembly 
held att EUsabeth Towne, .' 492 

Dec. 12. Ordinance 

Further prohibiting the entertainment of Strangers, and forbid- 
ding intercourse or correspondence with the people of New 
England 507 

Dec. 22. Ordinance 

Prohibiting the exportation of provisions and other articles, and 
directing the laying in of supplies at New Orange for six or 
eight months, 510 

Dec. 27. Ordinance 

For the preservation and security of the Fortifications of New 

Orange, 511 

1674. 
Jan. 15. Ordinance 

Prescribing the Duties and Powers of the Court of the City of 
New Orange 512 

Jan. 24. Ordinance 

Further proliibiting the sale of Strong Liquor to Soldiers in gar- 
rison at New Orange, 516 

Feb. 1. Ordinance 

Authorizing the imposing of a Tax for the paj-ment of the Debt 
of the city of New Orange, and appointing Commissioners to 
assess the same, 517 

Feb. 20. Ordinance 

Prohibiting the use of any other than Amsterdam Weights and 
Measures, 518 

March 13. Ordinance 

Calling on the Militia of the Dutch Towns to repair to New 
Orange on the first notice, 519 



xxxii CONTENTS. 

1674. 
Marcli 16. Ordinance page. 
Forbidding inhabitants of New Orange leaving, or passing the 
night outside the City without permission, or corresponding 
with the enemy, 530 

March 17. Ordinance 

Authorizing a Loan to defray certain expenses incurred by the 
Government, 523 

April 16. Ordinance 

Against the running at large of Swine, &c., in New Orange, 523 

April 19. Ordinance 

Prohibiting the shooting of Hogs on Manhattan Islaad without 
permission 525 



FREEDOMS AND EXEMPTIONS 

Granted by the West India Company to all Patroons, Masters, or 
Private Persons wlio ■will plant Colonies ip New Netlierland. 7 
June, 1029. 

*'^" [N. T. Col. Doc. I, 553.] 

I. Such members of the said Company as may be J',v^*f^fjg 
inclined to settle a Colonie in New Netlierland, shall Stond^'ay 
be permitted to send, in the ships of this Company l^^t'th?" 
going thither, three or four Persons to inspect the '""^^'■^■ 
situation of the country, provided that they, with 

the OflScers and ship's company, swear to the Articles, 

so far as they relate to them, and pay for provisions 

and for passage, going and coming, six stivers per f/^ftfj:,^ 

diem ; And such as desire to eat in the cabin, twelve •^'"^'"'"™*- 

stivers, and to be subordinate and give assistance 

like others, in cases offensive and defensive ; And if 

any Ships be taken from the enemy, they shall receive, 

pro rata, their proportions with the ship's company, 

each according to his quality ; that is to say, the 

Colonists eating out of the cabin shall be rated with 

the Sailors, and those who eat in the cabin with those 

of the Company's servants who eat at table and 

receive the lowest wages. 

II. Though, in this respect, shall be preferred such ^^;^^^ppJ|- 
persons as have tirst appeared and desired the same p"^^'""^^"^- 
from the Company. 

III. All such shall be acknowledged Patroons of ^"i^knowi- 
New Netlierland who shall, within the space of four Ssof" 
years next after they have given notice to any ot the i^'^- 
Chambers of the Company here, or to the Com- 
mander or Council there, undertake to plant a Colonie 

there of fifty Souls, upwards of fifteen years old ; one- 
1 



New Nether- 



LAWS OF 



The Island 
of Manhat- 
tes reserved. 



Patroons to 
have the 
preference 
of lands ; 



and liberty 
to chanse 
the loca- 
tion, if they 
desire. 



Limits of 
Colonies of 
Patroons. 



ITo one to 
oome within 
7 or 8 leagues 
of Patroons 
without 
consent. 



Eight to 
build Forts 
reserved 
to the 
Company. 



fourth part within one year, and -within three yeara 
after the sending of the first, making together four 
years ; the remainder, to the full number of fifty i)er- 
sons, to be shipped from hence, on pain, in case of 
■wilful neglect, of being deprived of the privileges 
obtained. But it is to be observed that the Company 
reserve the Island of the Manliaties to themselves. 

IV. They shall, from the time they make known 
the situation of the places where they propose to settle 
Colonies, have the preference to all others of the 
absolute property of such Lands as they have there 
chosen ; but in case the situation should not after- 
wards please them, or they should have been mistaken 
as to the quality of the land, they may, after remon- 
strating concerning the same to the Commander and 
Council there, be at liberty to choose another place. 

V. The Patroons, by virtue of their power, shall and 
may be permitted, at such places as they shall settle 
their Colonies, to extend their limits four leagues 
along the shore, that is, on one side of a Navigable 
river, or two leagues on each side of a Eiver, and so 
far into the country as the situation of the occupiers 
will permit ; Provided and conditioned that the Com- 
pany keep to themselves the Lands lying and remain- 
ing between the limits of Colonies, to dispose thereof, 
when and at such time as they shall think proper, in 
such manner that no j)erson shall be allowed to come 
within seven or eight leagues of them without their 
consent, unless the situation of the land thereabout 
be such that the Commander and Council, for good 
reasons, should order otherwise; always observing 
that the first occupiers are not to be prejudiced in the 
right they have obtained, other than, unless the ser- 
vice of the Company should require it, for the building 
of Fortifications, or something of that sort ; the com- 
mand of each Bay, Eiver or Island of the first settled 
Colonic, remaining, moreover, under the supreme 



NEW NETHERLAND. 3 

jurisdiction of their High Mightinesses the States- 
General and the Company : but that on the next Colo- 
nies being settled on the same river or island, they coiomes 

*' may an- 

may, in conjunction with the first, appoint one or more g™"' ^^p"- 
Deputies in order to consider what may be necessary 
for the prosperity of the Colonies on the said Eiver 
and Island. 

VI. They shall forever possess and enjoy all the JVpaJ^f^. 
Lands lying within the aforesaid limits, together with 

the fruits, rights, minerals, rivers and fountains 
thereof; as also the chief command and lower Juris- lotju?^. 
dictions, fishing, fowling and grinding, to the exclu- ^"1!^^, 
sion of all others, to be holden from the Company as miutaf;""* 
a perpetual inheritance, without it ever devolving 
again to the Company, and in case it should devolve, 
to be redeemed and repossessed with twenty Guilders JesJ'ptgfn'^ 
per Colonie, to be paid to this Company, at the Cham- 
ber here or to their Commander there, within a year 
and six weeks after the same occurs, each at the 
Chamber where he originally sailed from; and fur- 
ther, no person or persons whatsoever shall be privi- 
leged to fish and hunt but the Patroons and such as 
they shall permit. And in case any one should in 
time prosper so much as to found one or more Cities, 
he shall have power and authority to establish OfiBcers mlSPstmtS 
and Magistrates there, and to make use of the title mun°cipa'i 

^ ollicera ; 

of his Colonie, according to his pleasure and to the 
quality of the persons. 

VII. There shall likewise be granted to all Patroons '^^^1^^ 
who shall desire the same, Venia testandi, or liberty 

to dispose of their aforesaid heritage by testa- 
ment. 

VIII. The Patroons may, if they think proper, make ^«jj» 
use of all Lands, Elvers and Woods lying contiguous conceded"' 

Laads. 

to them, for and dviring so long a time as this Com- 
pany shall not grant them to other Patroons or private 
persons. 



4 LAWS OF 

Agents of IX. Those who shall send persons over to settle 

Patroon3 to •*■ 

wi^h ilif "* Colonies, shall furnish them with proper instructions 
rue ions. .^ order that they may be ruled and governed con- 
formably to the rule of government made, or to be 
made, by the Board of the Nineteen, as well in the 
political as in the judicial government; which they 
shall be obliged first to lay before the Directors of the 
respective Chambers. 

Colonists X. The Patroons and Colonists shall be privileged 

may be sent ^ ~ 

compa'ny'3 to scud thclr i)eople and effects thither, in ships be- 

Ships. 

longing to the Company, provided they take the oath, 
and pay to the Company for bringing over the people, 
as mentioned in the first article and for freight of the 
goods, fi_Yfi.per cent, ready money, to be reckoned on 
the prime cost of the goods here, in which is, how- 
cnttieand ever, not to be included such Cattle and Implements 

larniiog Im- 

ESSeV" as are necessary for the cultivation and improvement 

ctorle. of the lands, which the Company are to carry over 

without any reward, if there is room iu their ships. 

But the Patroons shall, at their own expense, provide 

and make places for them, together with every thing 

necessary for the support of the Cattle. 

may°senci ^I- Iq casc it should uot suit the Company to 

Ships "o° send any ships, or there should be no room in those 

New ITether- '' '■ 

'"'^- sailing thither, then the said Patroons, after having 

communicated their intentions, and after having 
obtained consent from the Company in writing, may 

Proviso. send their own ships or vessels thither: Provided 
that, in going or coming, they go not out of their 
ordinary course, giving security to the Company for 
the same and taking on board an Assistant to be 
victualed by the Patroons, and paid his monthly 
wages by the Company, on pain, for doing the con- 
trary, of forfeiting all right and property they have 

andTa^es"^ obtalued to the Colouie. 

try 10 be"" XII. luasniuch as it is intended to people the 

brought to *■ 

u!tai^ Island of the Manhattes first, all fruits and wares that 



NEW NETHERLAND. 5 

are produced on the lands situate on the North river, 
and lying thereabout, shall, for the present, be 
^'brought there before being sent elsewhere, excepting Exctption. 
such as are, from their nature, unnecessary there, 
or snch as cannot, without great loss to the owner 
thereof, be brought there, in which case the owners 
thereof shall be obliged to give timely notice in 
■writing of the difficulty attending the same to the 
Company here, or the Commander and Council 
there, that the same may be remedied as the 
necessity thereof shall be found to require. 

XIII. All the Patroons of Colonies in Neiv Nether- patroons 

may trade 

land, and of Colonies on the Island of Manhattes ^S^%%Ta. 
shall be at liberty to sail and traffic all along the Afmr^ 

'^ land: 

coast, from Florida to Terra Neuf, provided that they 



do again return with all such Goods as they shall get 



But must 
return with 

in trade to the Island of Manlmttes, and pay five per MalhMUa, 
cent duty to the Company, in order, if possible, that, 
after the necessary inventory of the Goods shipped 
be taken, the same may be sent hither. And if it 
should so happen that they could not return, by con- ve"nt?dEy^ 
trary streams or otherwise, in such case, they shall, weather. 
not be permitted to bring such Goods to any other 
place but to these dominions, in order that, under 
the inspection of the Directors of the place where 
they may arrive, they may be unladen, an inventory 
thereof made, and the aforesaid duty of five per 
cent i)aid to the Company here, on pain, if they do 
the contrary, of the forfeiture of their goods so traf- 
ficked for, or the real value thereof. 

XIV. In case the ships of the Patroons, in going wz^e3,.how 
to, or coming from, or sailing on the coast from p"*^""^ 
Florida to Terra Neuf, and no further, without our 
grant, should overpower any prizes of the enemy, 
they shall be obliged to bring, or cause to be brought, 
such prize to the Chamber of the place from whence 
they sailed out, in order to be rewarded by it ; the 



6 LAWS OF 

Company shall keep the one-third part thereof, and 
the remaining two-thirds shall belong to them in cou- 
• sideration of the cost and risk they have been at, all« 
according to the orders of the Company. 
Additional XV. It shall be also free for the aforesaid Patroons 

trading 

patrooSf "'^ to traflfic and trade all along the coast of New Nether- 
land and places circumjacent, with such goods as are 
consumed there, and receive in return for them all 
sorts of merchandise that may be had there, except 

Pur trade Beavcrs, Otters, Minks, and all sorts of Peltry, which 

reserved to j > ; .; i 

pany.°™' txadc thc Compauy reserve to themselves. But the 
same shall be permitted at such places where the Com- 
pany have no factories, conditioned that such traders 

peitriea shall bc Obliged to bring all the peltry they can pro- 

thei&onAV cure to the Island of Manhattes, in case it may be, at 
any rate, practicable, and there deliver to the Direc- 
tor, to be by him shipped hither with the ships and 
goods ; or, if they should come here without going 
there, then to give notice thereof to the Company, 
that a proper account thereof may be taken, in order 

Du^on that they may pay to the Company one guilder for 
each merchantable Beaver and Otter skin ; the proi)- 
erty, risk and all other charges remaining on account 
of the Patroons or owners. 

Freight of XVI. All coarse Wares that the Colonists of the 

coarse or 

Goo^iS. Patroons there shall consume, such as Pitch, Tar, 
Weed-ashes, Wood, Grain, Fish, Salt, Hearthstone and 
such like things shall be conveyed in the Company's 
ships, at the rate of eighteen guilders per last ; four 
thousand weight to be accounted a last, and the Com- 
pany's ship's crew shall be obliged to wheel and 
bring the Salt on board, whereof ten lasts make a 
hundred. And, in case of the want of ships, or room 
in the ships, they may order it over, at their own 
cost, in ships of their own, and enjoy in these domin- 
ions such liberties and benefits as-the Company have 
granted ; but, in either case, they shall be obliged to 



NEW NETHERLAND. 7 

pay, over and above the duty of five per cent, eigh- iSty" 
teen guilders for each hundred of Salt that is carried 
over in the Company's ships. 

XVII. For all wares which are not mentioned in Sf,'.|^*,gfo. 
the foregoing article, and which are not carried by "ef ^"'" 
the last, there shall be paid one dollar for each hun- 
dred pounds weight ; and for Wines, Brandies, Ver- 
juice and Vinegar, there shall be paid eighteen 
guilders per cask. * 

XVIII. The Company promise the colonists of the S^^V^^i'^om 
Patroous that they shall be free from Customs, Taxes, ySTrt! ^""' 
Excise, Imposts or any other contributions for the 

space of ten years ; and after the expiration of the 
said ten years, at the highest, such customs as 
the goods pay here for the present. 

XIX. They will not take from the service of the ?ot'o°blde- 
Patroons any of their Colonists, either Man or Woman, a"/ Sr ticir 

"' Colonists or 

Son or Daughter, Man-servant or Maid-servant ; and, servants; 

though any of these should desire the same, they will 

not receive them, much less permit them to leave their 

Patroous, arid enter into the service of another, unless 

on consent obtained from their Patroous in writing, 

and this for and during so many years as they are 

bound to their Patroous; after the expiration whereof, 

it shall be in the power of the Patroons to send hither 

all such Colonists as will not continue in their service, 

who until then shall not enjoy their liberty. And any 

Colonist who shall leave the service of his Patroon, 

and enter into the service of another, or shall, con- who, if they 

rpn away, 

trary to his contract, leave his service, we promise to ^[ilhenled"' 
do every thing in our power to apprehend and deliver t" theTr'iS* 
the same into the hands of his Patroon or attorney 
that he may be proceeded against according to the 
customs of this country, as occasion may require. 

XX. From all Judgments given by the Courts of Appeals. 
the Patroons for upwards of Fifty guilders, there may 



8 LAWS OF 

be an appeal to the Company's Commander and Coun- 
cil in New Netlierland. 
dfv7cfuai?' XXI. In regard to such Private persons as on their 
landonthci? owu accouut, Or others in the service of their masters 

own ac- 
couut,; |jgj,g ^QQ^ enjoying the same privileges as the Pa- 

troons), shall be inclined to go thither and settle, they 
shall, with the approbation of the Director and Coun- 
cil there, be at liberty to take up and take possession 
of as much Land as they shall be able properly to 
improve, and shall enjoy the same in full property 
either for themselves or masters. 
Jf hun'tfJg XXII. They shall have free liberty of Hunting and 
lowiing. jiQ^jjjjg^ jjg ^(,|j i^y water as by land, generalljs and 
in public and private woods and rivers about their 
Colonies, according to the orders of the Director and 
Council. 
'^If'^i XXIII. Whosoever, whether Colonists of Patroons 
ani^au- for thclr Patroons, or free persons for themselves, or 

ponds and 

excinsiTO others for their masters, shall discover any shores, 

tifereto. bays or other fit places for erecting Fisheries, or the 

making of Salt-ponds, they may take possession 

thereof, and begin to work on them as their own 

absolute property, to the exclusion of all others. 

prfviiegid -^D'i i^ ^^ couscnted to that the Patroons of colonists 

codalid" may send ships along the coast of Neiv Netlierland, 

trade there- .; i o 

Sl'etc""'"^ on the Cod fishery, and with the fish they catch, trade 
to Italy or other neutral countries, jjaying in such 

Dutyoncod cascs to the Company a duty of six guilders per last ; 
and if they should come with their lading hither, they 
shall be at liberty to proceed to Italy, though they 
shall not, under pretext of this consent, or leave from 
the Company, carry any goods there, on pain of arbi- 
trary punishment, and it remaining in the breast of 
the Company to put a Supercargo on board each ship, 
as in the eleventh article. 

MiS^alJon XXIV. In case any of the Colonists should, bv his 

Colonies the •' ' '' 

Im?S°' industry and diligence, discover any Minerals, Pre- 



NEW NETHERLAND. 9 

cions stones, Crystals, Marbles or such like, or any 
Pearl fishery, the same shall be and remain the prop- 
erty of the Patroon or Patroons of such Oolouie, 
giving and ordering the discoverer such premium as 
the Patroon shall beforehand have stipulated with 
such colonist by contract. And the Patroons shall f^='J™f' 
be exempt from the payment of duty to the Com- fSTyeaS. 
pany for the term of eight years, and pay only for 
freight, to bring them over, tvro per cent, and after 
the expiration of the aforesaid eight years, for duty 
and freight, the one-eighth part of what the same 
may be Avorth. 

XXV. The Company will take all the Colonists, as ^°^p,^"5o\° 
well free as those that are in service, under their °"^^" 
protection, and them defend against all foreign and 
domestic wars and powers, with the forces they have 

there, as much as lies in their power. 

XXVI. Whosoever shall settle any Colonic out of mdiantitie 

■^ to lands to 

the limits of the Manhattcs Island, shall be obliged fillet 
to satisfy the Indians for the laud they shall settle 
upon, and they may extend or enlarge the limits of 
their Colonies if they settle a proportionate number 
of Colonists thereon. 

XXVII. The Patroons and Colonists shall in par- Minister, 

Sclioolmas- 

ticular, and in the speediest manner, endeavor to find com?o«er 

, J t .1 j_ of the Sick 

out ways and means whereby they may support a ^i^b/^p'"- 
Minister and Schoolmaster, that thus the service of 
God and zeal for religion may not grow cool and be 
neglected among them, and they shall, for the first, 
procure a Comforter of the sick there. 

XXVIII. The Colonies that shall happen to lie S°ec''t'Depu- 
on the respective rivers or islands (that is to say, "^'' 
each river or island for itself), shall be at liberty to 
appoint a Deputy, who shall give information to the 
Commander and Council of that Western quarter, 

of all things relating to his Colonic, and further 
matters relating thereto, of which Deputies there Shomtobe 

2 



10 



LAWS OF 



changed ev- 
ery 2 years. 



Report of 
Colonies to 
be made. 



Manufac- 
ture of 
Clotlia or 
Ktuffs in 
j\ew Nether- 
Innd pro- 
hibited ; 



But Slaves 
to be pro- 
vided. 



Port on 
Manhattes 
to be fin- 
ished. 



shall be one altered or changed in every two years ; 
and all Colonies shall be obliged, at least once in 
every twelve months, to make exact report of their 
condition and of the lands thereabout to the Com- 
mander and Council there, in order to be transmitted 
hither. 

XXIX. The Colonists shall not be permitted to 
make any woolen, linen or cotton cloth, nor weave 
any other stuffs there, on pain of being banished, 
and being arbitrarily punished as perjurers. 

XXX. The Company will use their endeavours to 
supply the colonists with as many Blacks as they 
conveniently can, on the conditions hereafter to be 
made, in such manner, however, that they shall not 
be bound to do it for a longer time than they shall 
think proper. 

XXXI. The Company promise to finish the fort on 
the Island of the Manliattesy and to put it in a pos- 
ture of defense without delay. 



ORDINANCE 

Of the Director and Council of New Netlierland Prohibiting trade in 
Furs; Regulating intercourse with Ships in Port; Enjoining due 
attention on the part of Workmen ; EstabUshing Court days, and 
prohibiting Immorality. Passed 15 April, 1638. 
[N. Y. Colonial MSS. IV. 2.] 

Preamble. Whekbas the HoTi''"' Director and Oouucil of Netv 
Netlierland have ascertained that many persons, as 
well Indented Servants as Freemen, are pursuing a 
private trade in Furs and other irregular courses, in 
order to prevent any one at any time continuing 
therein and suffering damage, Therefore the aforesaid 
Hon'''^ Director and Council, wishing to provide there- 
for in time, Have interdicted and forbidden, and Do 



1 Shore 
r Sun- 
down . 



NEW NETHERLAND. 11 

hereby interdict and forbid all persons, who are sworn g^p^^j'^ 
Servants of the Company, be their State, Quality or Sfrurs."^* 
Condition what it may, from this time forward to 
carry on any trade in Peltry in any manner whatso- 
ever, on pain of forfeiting all their wages and the 
claims which the Contraveners have against the Com- 
pany, together with the confiscation of the merchan- 
dize which will be found with them. 

In like manner all Free persons not in the Com- ^eTo^^nla 
pany's service, shall govern themselves according to fe^r."^"'''"" 
the granted Charter,* and are hereby warned not to 
overstep the same on pain of forfeiting the goods and 
further of being arbitrarily punished. 

Moreover, no person belonging to Ships, Yachts f„%'o^^°°' 
and Sloops shall be at liberty to remain on shore at anlft 
night without the consent of the Hon'''^ Director, but 
on the contrary shall return on board by Sundown ; 
in like manner, no Boat, Craft or other Vessel shall Nomter- 

' ' course with 

go at night from any Ship to the shore, or from the niL'Et;"' 
Shore to shipboard ; wherefore all Skippers and other 
Officers are expressly commanded to pay attention 
hereto, and if any person act to the contrary, he shall 
be punished according as the Hon'''® Director and 
Council shall think proper. 

No person shall be at liberty to go on board of any ^^^„^i^g7 
Ships which may arrive from Sea, without express Biia*'"™'^" 
order from the Hon"'® Director. 

All Master carijenters. Overseers of Workmen aud nuuesof 

Overseers 

all others are expressly commanded to go to and from me^"'"'" 
their work at the fixed hours, and particularly to 
attend to those under their charge, without any loss 
of time, under pain of forfeiture of their monthly 
wages. 
Likewise, no Sailors shall refuse to perform any penalty on 

^ ^ Sailors re- 

necessary work for the service of the Company ; in *^otS '" 

* The Charter to the Patroons. Supra, p. 1. 



12 



LAWS OF 



Court to be 
held every 
Thursday. 



Immorality 
and Crime 
to be pun- 
ished. 



case of default, thej' shall be punished as turbulent 
and seditious persons. 

All persons are hereby, also, notified, in case any 
question arise, be it Civil or Criminal, that they shall 
come every Thursday, being the appointed Court day, 
to make their complaints and to solicit Justice. 

Furthermore, each and every one must refrain from 
Fighting, Adulterous intercourse with Heathens, 
Blacks, or other persons. Mutiny, Theft, False Swear- 
ing, Calumny and other Immoralities, as in all this 
the Contraveners shall, according to the circumstance 
of the case, be corrected and punished, as an example 
to others. 

Thus done, published and posted in Fort Amster- 
dam on the day and year above written. 



No Wine to 
be sold, 



Except at 
the Public 
Store. 



ORDINANCE 

Of the Director and Council of New Netherland Against Immoderate 
drinliing, and Harboring seamen on shore at night. Passed 17 
May, 1638. 

[N. T. Colonial MSS. TV. 6.] 

Wheeeas the Hon*"^ Director William Kieft and 
Council of New Netlierland have observed that much 
mischief and perversity is daily occasioned by immod- 
erate Drinking, therefore the said Hon*"^ Director 
atfd Council, wishing to provide against the same, 
have interdicted and forbidden, do hereby interdict 
and forbid all persons from now henceforth selling 
any Wine on pain of forfeiting five and twenty 
guilders and the Wines which will be found in their 
houses ; Excepting only the Store* where Wine can 
be procured at a fair price and where it will be issued 
in moderate quantity. 



* The Company's Store. — Tb. 



NEW NETHERLAND. 13 

Also no person shall be allowed to lodsre at niffht Nosaiiors 

*^ ~ to remain 

or after Sundown any of the Company's servants SfgSwfth- 
who are detailed to the Ships or Sloops, unless with sion^"'"'" 
the Consent of the Hon""^ Director, under a penalty * 

of a like 25gl. and all seafaring persons are Com- 
manded to repair before Sunset on board the Ship or 
Sloop where they are detailed and not presume to 
remain on shore without permission. And whoso- penalty. 
ever shall act contrary, shall for the first time be 
fined two months' wages, aud for the second offense 
shall forfeit all his wages and be dismissed the Com- 
pany's service. 

Thus done at Fort Amsterdam and published the 
day and year aforesaid. 



ORDINANCE 

Of the West India Company against Clandestine Trade. Passed 7 
June, 1638. 

[N. y. Col. MSS. IV. 7.] 

The Deputies to the Assembly of the XIX. of the 
Incorporated West India Company, by virtue of 
the Charter and the amplification thereof to the 
Company granted by the High and Mighty Lords 
States General, Make known : 

Whereas it has been sufficiently evident, not only preamble.;; 
before this time but now recently it is publicly appar- 
ent to all the world, that divers self interested persons 
in New Netlierland, indecently violating Our good 
Ordinances and Commands by their private and clan- 
destine trade and trafiSc, have acquired and converted 
to their own private profit, and deprived the Company Grave 
of, a large amount of Peltries and Skins and of better ^l'^J'%^,^ 
condition and quality than those purchased there and '°'^' 
sent over for the Company's own account, bartering 
them for Wares and Cargoes taken by and with them- 



14 LAWS OF 

selves, or sent out, in the Company's own ships 
clandestinely, secretly and without the knowledge 
of the Company, whereby, on the one hand, the 
ships are filled and rendered incapable of carrying 
the entered goods of the Company and others, of the 
Patroons and Colonists, and on the other hand, in 
addition, the Company is moreover defrauded in the 
freight thereof. Thus have they not only in that 
Country spoiled the Company's trade by paying 
more for Skins and Peltries than the Company, 
which they could do, being free from all burthens 
and charges both of freight and crews^ and not hav- 
ing to defray the dayly cxpence of maintaining so 
many people, fortifications, and other heavy charges 
which the Company have to bear there, who in conse- 
quence either have received only a few Furs or have 
been forced to a like advance in price, but also in 
this country brought the Furs and Peltries into dis- 
repute and caused them to be sold at a lower price ; 
the Muscovy and other traders having sold out of 
their hands better goods and at a lower figure. 
Besides this, the Company have reliable information 
that many have exchanged their poor Furs for the 
Company's best Furs, or certainly bought up the best 
for themselves and not for the Company, all to the 
great and excessive damage and loss to the Company ; 
not once considering the loss, the immense expense 
incurred by the Company as well for equipments and 
cargoes as for the support and payment of those very 
people, the returns wherefrom they have deprived the 
Company of, and thus placed the State of Neiv Netli- 
erland in a considerable decay. 
preyions lu ordcr to provlde against this. We, therefore, 

renew^ed. ^ rencwiug our previously enacted Ordinances, Edicts 
and Commands promulgated both by Us here, and 
there by our Director and Council against the said 
private trade, have Eesolved to Ordain and enact, as 



NEW NETHERLAND. 15 

We do hereby Ordain and enact, that, from now 
henceforth, no persons, of what condition or quality 
they may be, residing either here or within the hmits 
of Neiv Netlierland, shall be empowered, either in 
their own, or in the Company's ships, ojjenly or '^°^^°ifj^ 
secretly, under any cover or pretext whatsoever, to po°r?edtaul" 

, - . -J 1 n , ^^^ Net/ier- 

convey any wares or merchandizes, m the smallest or ^^g^^,. 
largest quantity, thither without the cognizance or ^i^l'Sll 
knowledge oi the Company, on pain of the connsca- fls«"oi>- 
tion of the said Wares, Cargoes and Merchandizes to 
the Company's profit ; and therefore that none of the 
above described persons shall carry on, at any place, ^ersS" to*^ 
auy private trade in Peltries, either by themselves or {lafa. '" 
by others, in any manner either directly or indirectly, 
on pain of the confiscation of the traded Peltries and 
arbitrary correction at the discretion of the Company, 
or of the Director and Council there, and, in addition, 
of all their Wages and monthly moneys. 

We charge and command, therefore, our Director 
and Council of New Netlierland, and all other Officers, 
to regulate themselves accordingly, and strictly to 
execute the tenor hereof, without any connivance, 
dissimulation or agreeSient ; And in order that no 
one may plead ignorance, to publish this at the accus- 
tomed places, and to cause it to be posted every 
where around there and, also, in the respective 
Colonies. 

Thus done and published in Fort Amsterdam, this 
7th of June, Anno 1638. 



16 



LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland, authorising the 
issuing of Patents to Freemen for their Lands. Passed 24 June, 
1638. 

[N. T. Col. MSS. IT. 11.] 

The Free people having by petition requested Pat- 
ents of the Lauds which they are at present culti- 
vating, the prayer of the Petitioners is granted, on 
condition that at the expiration of Ten years, after 
entering on their Plantation, they shall pay yearly to 
the Company the Tenth of all crops which God the 
Lord shall grant to the field; also, from this time 
Hois'eiotr forth, one couple of Capons for a house and lot. 



Patents to 
be Issued. 



Tenths es- 
tablished. 



Rule for 
the better 
curing of 
Tobacco, 



ORDINANCE 

Of the Director and Council of New Netherland, for the Inspection 
of Tobacco, and drawing up of Legal Instruments. Passed 19 
August, 1638. 

[N. Y. Col. MSS, IV, 16.] 

Wheeeas it is considered necessary by the Director 
and Council of Netv Netherland, to frame an Order 
respecting the planting of Tobacco, because many 
Tobacco planters seek only to raise a large croj) of 
Tobacco, without caring much whether it be well 
cured or properly made, and the good reputation which 
our Tobacco possesses in other Countries is wholly 
destroyed thereby ; And in order to provide against 
the same, all persons are, therefore, hereby notified, 
warned and commanded to make well conditioned 
Tobacco, carefully to remove all superfluous leaves, 
and to apply as little water as possible to well cured 
Tobacco, and even to that which is spun. Also, that 
all the Tobacco which shall be shipped or sent from 
New Netherland, shall be first brought to the appointed 



NEW JSTETHERLAND. 17 

Warehouse to be there examined, marked and weighed, ^"f^^^'t^^ 
and in order, likewise, that the duties of the Com- "'"' 



Duty on 
Tobacco. 



marked. 

pany on all exported goods be paid, to wit: Five of Export 
every 100 lbs., according to the tenor of the granted 
Freedoms of the Company; For which purpose We 
have appointed Inspectors who shall make the exami- J^p^'^^ 
nation thereof and receive the Duties thereon, and 
whosoever shall act contrary hereunto shall forfeit all 
his Tobacco, and shall be, furthermore, arbitrarily 
punished. 

Likewise, that, from now henceforward, no Instru- f^^F'^ 
ments, whether Contracts, Obligations, Leases or Bills ?rlwn'u°pby 

' <^ ' the Provin- 

of Sale, or such like Writings, of what nature soever ^y^^'^ 
they be, and concerning which any dispute may arise, 
shall be held valid by the Director and Council, unless 
they shall be written by the Secretary of this place. 
Let every one take warning and save himself from 
damage. 

Thus done and published in Fort Amsterdam this 
19th of August, 1638. 



ORDINANCE 

Of the Director and Council of New Netherland, for the recovery of 
Public property ; protection of private Gardens and Henroosts, and 
prohibiting persons in the public service quitting the Island of Man- 
hattan without permission. Passed 25ih November, 1638. 
[N. Y. Col. MSS. IV. 25.] 

Whereas the Director and Council of New Nether- Preamwe, 
land have ascertained that there are persons here who 
seek to enrich themselves with the Company's prop- 
erty and effects, appropriating the same to themselves 
as if they were their own substance, and Whereas 
such tends to the prejudice of the Hon"'^ Company, 
all persons, therefore, who have yet any property in pabuc 
their hands belonging to the ComiJany, be it great b^^ra^r^ 



18 



LAWS OF 



within eight 
days. 



Penalty for 
retaining 
Public prop- 
erty. 



Eeward for 
the discov- 
ery of those 
who plun- 
der 

Gardens or 
steal 
Poultry. 



Those in the 
service of 
the Com- 

f>any not to 
eave the 
Island of 
Manhattan 
without 
leave. 



or small, are warned the same to return within the 
space of eight days, unless they have purchased it 
from the former Hon"'" Directors, without which 
proof no excuse shall be admitted ; And if it be here- 
after found that any one is in possession of property 
belonging to the Company, such shall suffer the pun- 
ishment usually administered to Thieves and Bobbers 
who steal their Lords' effects. 

And whereas complaints are made that the Gardens 
of many persons have been robbed and their Poultry 
taken away, if there be any one who can give infor- 
mation of the Thieves, he shall be paid by the Hon*"'* 
Director five and twenty guilders as a reward, and be 
pardoned if an accomplice and his name concealed. 

Likewise, every one of the Company's servants, of 
what rank or quality soever he may be, is commanded 
not to quit the Island of Manhattan, without the 
express permission of the Hon"" Commander. Who- 
soever shall be found to have acted contrary hereunto 
shall forfeit three months' Wages. 

Thus done in Council and on this date, being the 
25th 9ber, published and posted in Fort Amsterdam. 



ORDINAISrCE 



Of the Director and Council of New Nettierland, prohibiting the sale 
of Firearms, etc., to Indians, and requiring Vessels saiUng to or from 
Fort Orange, the South River, or Fort Hope, to take out clearances. 
Passed 31 March, 1G39. 

[N. T. Col. MSS. rV. 36.] 

Preamble. Wheeeas the Director General and Council of 
Neiv Netherland have observed that many persons, 
both Servants of the Company and Inhabitants, have, 
contrary to the orders and commands of their High 
Mightinesses the Lords States General and the Incor- 
porated West India Company, presumed to sell to 



NEW NETHERLAND. 19 

the Indians in these parts, Guns, Powder and Lead, 
■which hath already caused much mischief, and if no 
means be adopted by Us here to prevent the same, 
would hereafter entail nothing else than greater evil ; 
Therefore every Inhabitant of Neiv Netherland, be woouns 

nor ammu- 

his state, quality or condition what it may, is most Sjilf to'° "* 
expressly forbidden to sell any Guns, Powder or Lead ^'"*^'"- 
to the Indians, on pain of being punished by Death, penalty 
and if any one shall inform against any person who 
shall violate this Law, he shall receive a reward of 
Fifty guilders. 

Furthermore, all persons are hereby notified that veweis^^ 
no one shall undertake to sail with Boats or other 12."?™^? 
Vessels to Fort Orange, the South River, or Fort Hope, aSoes."" 
without a permit from the Hon"'^ Director, and on 
coming thence, bringing with him a clearance from 
the Commissary residing at the aforesaid place on 
the part of the Company ; And in case it be found 
that any one has been at the places abovenamed with- 
out the aforesaid order, such Vessel and'the Wares Penawyfor 

' neglect. 

laden therein shall be confiscated to the use of the 
Company, and the person shall, in addition, be 
mulcted in such sum as, according to the merits of 
the case, shall be deemed proper. 

And all our dear and faithful Commissaries who 
have authority at the places where these presents 
are sent, are ordered and commanded the same to 
affix at the usual place, so that their contents may be 
known to every one and each be on his guard against 
damage. 

Thus done and published in Fort Amsterdam this 
31st of March, Anno 1639. 



20 



LAWS OF 



Houra for 
labor. 



ORDINANCE 

Of the Director General and Council, for the regulation of the Work- 
men in the Public Service. Passed 11 August, 1C39. 
[N. T. Col. MSS. rv. 46.] 

Whereas the Hon"^ Director and Council daily- 
observe that many of the Mechanics and Laborers in 
the Company's service do not perform their bounden 
duty by working, but spend much time unprofitably ; 
yea, frequently lose whole days, all which tends to 
the great injury and damage of the Company. 

Every one whom these may concern is hereby noti- 
fied to repair to his work when the Bell rings, and 
there to perform his duty until the Bell rings again 
Penalty for to break off, ou palu of paying double the loss, for 

neglect. 

the benefit of the Fiscal and whomsoever it shall 
behoove. 

Therefore, have We ordained and do hereby appoint 
Gillis de Vooclit to be Commissary of the Workmen, 
and daily to superintend them and continually to go 
around, and to note those who are in default and 
report their names to Us. 

Done in Fort Amsterdam this 11th of August» 
Anno 1639. 



Overseer of 
Workmen. 



NEW NETHERLAND. 21 

ORDINANCE 

Of the Director and Council of New Netherland, fixing the price of 

Duffels. Passed 22 September, 1639. 

[N. T. Col. MSS. IV. BO.] 

The Director and Council hereby give notice to all ^Ifft?"^ 
the Inhabitants within our Limits that they are for- i>Sffe\s? 
bidden to take less than 12 skepels of Maize from the 
Indians for a coat of Duifels, until a fixed price for 
the Heathens shall be established by the Director. 
All persons shall regulate themselves accordingly, penalty. 
Whosoever will be found acting contrary hereunto 
shall pay a fine of 100 florins and forfeit during his 
life the privilege of trade. Let every one guard 
against damage. 



ORDINANCE 

Of the Director and Council of New Netherland, against Trespa-ssing. 

Passed 15 March, 1640. 

[N. r. Col. MSS. IV. 58.] 

Whereas many complaints are daily made to us Preamwe. 
of the damage and loss done to the Cornfields by the 
Goats and Hogs, against which Fences and Eails are 
of no avail, which tends to the injury of the cultiva- 
tion of Corn and to the Company's damage ; And 
whereas throughout the world the custom is for those 
who own Cattle to herd or take care of them, so in ^^p^,*?' 
case any Goats or Hogs are found in the Cornfields, '°^' 
there shall be paid for the first time for each Goat or 
Hog, ten stivers; for the second time one guilder, 
and for the third time 40 stivers, and in addition the 
Farmer's damage shall be made good before the 
Goats are released. 

Thus done in our Council and published in Fort 
Amsterdam in Neiv Netherland, this 15th of March, 
Anno 1640. 



22 LAWS OF 

OBDINANCE 

Of the Director and Council of New Netherland, against Trespasses 

on Indian Maize Lands. Passed 9ih May, 1640. 

[N. T. Col. MSS. IV. 60.] 

prea Whereas many complaints are daily made by the 

Indians that their Corn hills are trampled under foot 
and uprooted by Hogs and other Cattle, and conse- 
quently great damage is done when the Maize is 
growing, whence it will follow that the Maize will be 
dear at the time of the Harvest and our good people 
suffer want, the Indians be incited to remove and to 
entertain feelings of hatred against our Nation, aud 
thus through our perverseness, combine the one with 
the other, which we are most expressly ordered by 

Trc5pa.ssing the Hon"^ Lords Directors to prevent; Wherefore, 

p?owbiud baving duly weighed the matter. We the Director 
and Council of Neiv Netherland, hereby charge and 
command all our Inhabitants, whose lands lie con- 
tiguous to Indian plantations, to take due care 
of their Horses, Cows, Hogs, Goats and Sheep, and 

to^SmTde PJ'^'^^'i* them, by fences or otherwise, damaging the 
corn of the Indians, on pain of making good the 
damage, and of incurring the penalty, payable to 
the Fiscal, according to the Edict published on the 
15th March last. Let every one be warned and take 
heed against loss. 

Thus done and ordained on the Island of Manhat- 
tan, in Fort Amsterdam, the 9th May, 1640. 



good. 



NEW NETHERLAND. 23 



ORDINANCE 

Of the Director and Council of New Netherland, providing for the 
Arming and mustering of the Militia in case of danger. Passed 
9 May, 1640. 

[N. T. Col. MSS. IV. 61.] 

The Hob"' Director and Council have considered SproVwf 
it advisable to ordain that the Inhabitants residing withGumf 
at and around Fort Amsterdam, of what state, quality 
or condition soever they be, shall each provide himself 
with a good gun and keep the same in good repair and 
at all times ready and in order ; and as they live at a 
distance the one from the other, every warned person 
is placed under his Corporal in order that in time of 
danger he may appear at his post with his gun. Should 
it happen, which God forbid, that any mischief occur 
either from enemies or traitors at night, the people si|^ajs •■> 
will be notified by the discharge of three cannon fired '^°^"' 
in quick succession ; and if by day, means will be found 
to give warning to every one, who is commanded 
thereupon to repair instantly to his Corporal at the 
place appointed and then to adopt such measures as 
the exigency of the case shall require, on pain of I'e'^'y- 
being fined Fifty guilders. 



24 LAWS OP 

ORDINANCE 

Of the Director and Council of New Netherland, against Fugitives 
from Service, and providing for the proper drawing up of Legal 
Instruments. Passed 9 August, 1640. 

[N. Y. Col. MSS. rv. 73.] 

Preamble. Whbeeas many Servants daily run away from their 
Masters, whereby the latter are put to great incon- 
venience and expense ; the Corn and Tobacco rot in 
the field and the whole Harvest is at a stand still, 
which tends to the serious injury of this country, to 
their Masters' ruin and to bring the magistracy into 
foTwddmto contempt, We, therefore, command all farm and 
run away. jjQ^gg gervauts faithfully to serve out their time with 
their Masters according to their contracts and in no 
manner to run away, and if they have any thing 
against their Masters, to come to Us and make appli- 
ration to be heard in due form of Law, on pain of 
Penalty. being puuishcd and of making good all losses and 
damages of their Masters and serving double the 
time they may lose. 
Fugitives We do, also, forbid all inhabitants of New Netlier- 

tehS?-"" land to harbor or feed any of these Fugitive Servants 
under the penalty of Fifty guilders, for the benefit i 
for the Informer; J for the New Church and i for the 
Fiscal. 
feeai And Whereas many abuses daily occur in conse- 

Saw's up' queuce of the writing of Promissory notes and other 
retail, v^'a. instruments by Private persons, We do therefore 
declare from this date annulled all Obligations and 
other Instruments which shall not be drawn up by 
the Secretary here or by other person appointed here- 
unto. 



NEW NETHERLAND. 25 



ORDINANCE 

Of the Director and Council of New Netherland, against tapping Beer, 
&c. during Divine service, or after Ten o'clock at night; against 
using any but the Amsterdam measure, and for fixing the price of 
Beer. Passed 11 April, 1641. 

[N. T. Col. MSS. IV. 90.] 

Whereas complaints have been made to us that preamble. 
some of the Inhabitants here are in the habit of Tap- 
ping Beer during Divine Service, and of making use 
of small foreign Measures, which tends to the dis- 
honor of Eeligion and the ruin of this State, "We 
being desirous to make provision herein, do, there- 
fore, Ordain that no person shall attempt to tap Beer No^Liquora 
or any other Strong drink during Divine service, or ^"[i°&Pe™i'oe 
to use any other Measure than that which is in com- o'c^ioc"'"' 
mon use at Amsterdam in Holland, or to tap for any Amsterdam 

Measures 

person after Ten o'clock at night; neither sell the Sse'I'"'"' 
Yaen, or four pints, at a higher price than Eight 
Stivers; all on pain of forfeiture of the Beer and 
Five and Twenty guilders for the benefit of the Fis- penalty. 
cal, with three months' exclusion from the privilege 
of Tapping. 



26 



LAWS OF 



Rate of 
unpolished, 



And well 
polished 
Wampum. 



ORDINANCE 

Of the Director and Council of New Netherland, regulating the Cur- 
rency of Wampum. Passed 18 April, 1641. 
[N. T. Col. MSS. IV. 90.] 

Whebeas very bad Wampum is at present circu- 
lating here, and payment is made in nothing but 
rough, unpolished stuff which is brought hither from 
other places, where it is 50 per cent cheaper than it 
is paid out here, and the good, polished Wampum, 
commonly called Manhattan Wampum is wholly put 
out of sight or exported, which tends to the express 
ruin and destruction of this Country ; In order to 
provide in time therefor, We do, therefore, for the 
public good, interdict and forbid, all persons of what 
state, quality or condition soever they may be, to 
receive in payment, or to pay out, any unpolished 
Wampum during the next month of May except at 
Pive for one stiver and that strung, and then after 
that Six beads for one stiver. Whosoever shall be 
found to have acted contrary hereunto, shall provis- 
ionally forfeit the Wampum which is paid out and 
10 guilders for the Poor, and both payer and payee 
are alike liable. The well polished Wampum shall 
remain at its price as before, to wit. Four for one 
stiver, provided it be strung. 



FREEDOMS MJ) PEIYILEGES 

Granted by the Director and Council of New Netherland to English 
Settlers. G June, 1041. 

[N. Y. Col. MSS. IV. 93.] 

Whereas a considerable number of respectable preamwe. 
Englishmen with their Clergyman, have applied to us 
for permission to settle here and to reside under us, 
and requested that some Articles might be offered to 
them, We have therefore Eesolved to communicate 
the following Articles to them. 

I. They shall be bound to take the Oath of Alle- EnKiish 

■' Settlers 

giance to the Noble Lords States General and the oat'hol-"'^ 

West India Company under whose protection they ^^"^''''™'^''' 
will reside. 

II. They shall enjoy free exercise of Eeligion. EeiSs 

III. With regard to Political Government ; if they ^'^^ °'^'' 
desire a Magistracy, they shall have the privilege of And to 

^ A c:- nominate 

nominating three or more persons from the fittest M^^totra. 
among them, from which nomination the Governor 
of New Netherland shall make the election. Which 
Magistrate shall be empowered in all Civil Actions «" thSr"°° 
to adjudge definitively as high as Forty Guilders ; '^""^' 
beyond that an appeal may be made to the Governor 
and Council of New Netherland ; and in Criminal 
cases, to Corporal punishment (tot hloetlaten toe). 

IV. They shall not be at liberty to erect any Forts, f^ectrorts. 
without permission. 

V. The land shall be shown to them free of expense, to be 

exempt 

and they shall cultivate it ten years in full propriety, f™'^^™"" 
without paying any rent, and at the expiration of ^^^"' 
the said Ten years they shall pay the Tenths. 



28 



LAWS OF 



To be 

allowed free 
hunting and 
fishing. 



To use 
Dutch 

Weights and 
Measures. 



VI. They shall enjoy free hunting and fishing and 
freedom of Trade, according to the privilege of New 
Netherland. 

VII. They shall be bound to make use of the 
Weights and Measures of the Country. 



ORDINANCE 



Indian mur- 
ders on 
Staten | ) 
Island. 



Friendly 
Indians 
called on to 
take up 
arms 



Rewards for 
heads of 
Raritan 
Indians. 



Of the Director and Council of New Netherland, offering a reward for 

the Heads of Raritan Indians. Passed 4 July, 1641. 

[N. Y. Col. MSS. rv. 97.] 

Wheebas the Indians of the Raritan are daily 
exhibiting more and more hostility, notwithstanding 
they have, by a messenger, solicited peace of Us which 
we consented to, and permitted him to depart unmo- 
lested, on the promise to notify unto Us, within twelve 
days, the resolution of his Chief, which has not been 
done; the same Indians, who had experienced every 
friendship at our hands, having in the meantime, on 
the plantation of Mess" De Tries and David Pietersen, 
partners, situate on Staten Island, murdered four 
Tobacco planters, and set fire to the dwelling and 
tobacco house, whereby the Planters, Farmers and 
other outlying remote settlers stand in great danger 
of life and property, which We, under existing circum- 
stances, in consequence of the density of the forest 
and small number of men, cannot prevent; We have, 
therefore, esteemed as the best means and considered 
it expedient to encourage the Indians, our allies here- 
about, to take up arms, in order thus to cut off any 
stray parties who must pass through their territory so 
that they cannot accomplish any thing against our 
Bouweries and plantations without danger, or at least 
without being discovered ; And in order to incite 
them the more, we have promised them. Ten fathoms 
of Wampum for each head of the above mentioned 



NEW NETHEELAND. 29 

Earitans, and 20 fathoms of Wampum for every head 
of the Indians who have most barbarously murdered 
our people on Staten Island. 



ORDINANCE 

Of the Director and Council of New Netherland, establishing an 

annual Fair at New Amsterdam. Passed 30th September, 1641. 

[N. T. Col. MSS. IV. 101.] 

Be it known hereby to all persons, that the Director Fairs estab- 
and Council of New Netherland have ordained that 
henceforth there shall be held annually at Fort Anv- 
sterdam a Cattle Fair on the 15th of October, and a J^/n'o''^ 
fair for Hogs on the 1st of ISTovember. Whosoever 
hath any thing to sell or to buy can regulate himself 
accordingly. 

Done 30th September and affixed at said Fort. 



lished. 



beld. 



ORDINANCE 

Of the Director and Council of New Netherland, prohibiting the pur- 
chase of produce raised near Fort Hope. Passed 3d April, 1642. 
[N. Y. Col. MSS. IV. 119.] 

Whereas our territory which we purchased, paid Preamble. 
for and took possession of, provided in the year 1633 
with a Blockhouse, Garrison and Cannon, on the 
Fresh Eiver of Neiv Netherland, a long time before 
any Christians were in the said Eiver, hath now, for 
some years past, been forcibly usurped by some Jfj?"*^^ 
Englishmen and given the name of Hartford, not- liTCr, 
withstanding we duly protested against them ; who, 
moreover, treat our people most barbarously, beating And m treat 
them with clubs and mattocks, even unto the shedding 
of blood ; cut down our corn ; sow the field by night 
which our people ploughed by day ; haul home by 
force the hay which was mowed by our people ; cast 



30 



LAWS OF 



Notwith- 
standing 
kind acts of 
the latter. 



Inhabitants 
of Neui 
Netherland 
not to pur- 
chase pro- 
duce raised 
near iy)rt 
Mope, 



Owners of 

New 
England 
produce to. 
declare on 
Oath where 
it was 
grown. 



our plougli into the river, and forcibly impound our 
horses, cows and hogs, so that no cruelty, insolence 
nor violence remains which is not practiced toward 
us, who, yet, have treated them with all moderation ; 
Yea, even at great hazard, have redeemed and sent 
back home, their Women, who were carried off by 
the Indians ; And although we are commanded by 
the States General, his Highness of Orange and the 
Hon"^ West India Company to maintain our Limits 
au(^ to assert our Eight by every means, which We, 
also, have the power to do, yet rather have We chosen 
patiently to suffer violence, and to prove by deeds 
that we are better Christians than they who go about 
there clothed with such outward show, until in its 
time the measure shall be entirely full. 

Therefore, our order and command provisionally is, 
and We do hereby Ordain that our Inhabitants of New 
Netlierland be most expressly forbidden from purchas- 
ing, either directly or indirectly, by the third or second 
shipment, or in any manner whatsoever, any produce 
which has been raised on our land near Fort Sope on 
the Fresh Eiver, on pain of arbitrary correction, until 
their rights, are acknowledged and the sellers of the 
produce which shall arrive from our Fresli Eiver of 
Neiv Netlierland and from New England shall first 
declare upon oath where the produce has been grown, 
whereof a certificate shall be given them, and there- 
upon every one shall be at liberty to buy and to sell. 
All persons are hereby warned, so that no one may 
hereafter plead ignorance, and let all be on their 
guard. 

Thus done in Council and published^at Fort Am- 
sterdam. 



NEW NETHERLAND. 31 

ORDINANCE 

Of the Director and Council of New Netherland, imposing certain 

Import and Export Duties. Passed 3d April, 1642. 

[N. Y. Col. MSS. IV. 120.] 

Whereas all the subjects of the High and Mighty preamwe. 
Lords States General, who pursue their trade or com- 
merce here in New Netherland, are bound to pay, 
before they can ship their goods, a duty of Ten per 
cent to the AVest India Company in Holland, which 
was granted said Company by their High Mighti- 
nesses in consideration of the great War which the 
jjou^^e \yest India Company is carrying on and 
the heavy expense it has to bear; And the Hon''"' 
Directors have learned that many goods are brought 
hither from divers places which have not paid the 
Duty, which tends to the serious injury of the Hon"" 
Company and the great damage of the good Inhabit- 
ants of New Netherland who have to bear a heavier 
burthen than even Foreigners; Wherefore we are 
peremptorily commanded to collect said Duty here 
from all imported Goods which have not paid any 
thing in Holland, Brazil, Guinea or the West Indies, 
and from exported Goods what is authorized by the 
Freedoms granted to this Country. 

Therefore, we have Ordained and enacted, as we gsg^f^^ 
do hereby Ordain and enact, that from now hence- lad°^°'' 
forth all persons who import here any Wares for sale, 
shall enter their Goods and pay a just Tenth part 
either in the kind of Wares or in Money, and on the 
exported Goods, according to the List set forth in ^^'i^xport 
the Freedoms, to the Keceiver of the Company's rfeedoma, 

to be 

revenues, or whomsoever shall be appointed thereto, <:o"e'='«'i- 
on pain of the forfeiture of said goods not only by penalty. 
the seller but by the purchaser or the parties in 
whose hands they may be found. 

Thus done, published and affixed in Fort Amster- 
dam. Dated as above. 



32 



LAWS OF 



ORDINANCE 



Preamble. 



No Stran- 
gers to be 
Larbored. 



Names of 
Btrangers to 
be recorded. 



Penalty for 
neglect. 



Of the Director and Council of New Netherland, against harboring 
Fugitive Servants. Passed 13 April, 16l2. 

CN. Y. Col. MSS. IV. 132.] 

Wheeeas many persons come here in New Netlier- 
land daily, both from New England and Virginia, who 
frequently carry their passports under foot and have 
run away from their Masters, and afterwards occasion 
much trouble here, as appears by several instances 
within a short time; Therefore, to prevent all dis- 
order, We have interdicted and forbidden, as we do 
hereby most expressly interdict and forbid, all our 
good inhabitants here, from this time henceforward, 
lodging any Strangers in their houses, or furnishing 
them more than one meal and harboring them more 
than one night, without first notifying the Director 
and having their names recorded, so that it may be 
known what sort of people are here, and whence they 
come ; upon the penalty of Fifty guilders and being 
responsible for what the person whom they harbor 
may commit. Let every one be warned hereby and 
save himself from damage. 

Thus done in Our Council and published in Fort 
Amsterdam. Dated as above. 



NEW NETHERLAND. 33 

ORDINANCE 

Of the Director and Council of New Netherland against drawing a 

Knife and inflicting a Wound therewitli. Passed 11 July, 1642. 

[N. t; Col. MSS. rv. 129.] 

Whereas we hear daily, God he p us, of many Preamwe- 
accidents, caused for the most part by quarrels, 
drawing of knives and fighting, and the multitude 
of Taverns and low Groggeries, badly conducted, 
together with the favorable opportunities which all 
turbulent persons, Murderers and other Lawless peo- 
ple have for running away and consequently escaping 
condign punishment, wherein we would willingly 
make provision so as to prevent, as much as possible, 
all harm ; 

Therefore, We hereby Ordain, decree and enact, gl^^^ISS 
agreeably to the Ordinance made last year in Holland prohibit'^ 
by the High and Mighty Lords States General, that 
no one shall presume to draw a knife much less to 
wound any person, under the penalty of fl.50, to be ^e-^'y- 
paid immediately, or, in default, to work three months 
with the Negroes in chains ; this, without any respect 
of persons. Let every one take heed against damage 
and be warned. 

Thus done in Council and published. Dated as 
above. 

5 



34 



LAWS OP 



Preamble, 



Penalty for 
Delauits 



ORDINANCE 

Of the Director and Council of New Netlierland against Defaults. 

Passed 16 Odoher, 1G42. 

[N. Y. Col. MSS. rV. 143.] 

Whereas mncli loss of time occurs in Snits on the 
part of defendants, who for trifling reasons neglect 
to appear, thus leaving Default to be entered against 
them, which tends to bring the Court into disrepute, 
We, therefore Ordain, as we do hereby Ordain, that 
from now henceforth there shall be paid for the 1st 
default G stivers ; for the 2d defiiult 12 stivers, and 
for the 3d and last default, condemnation. 
Thus done in Council. Dated as above. 



Preamble. 



No liquor 
to be sold 
to iDdians. 



Penalty. 



ORDINANCE 

Of the Director and Council of New Netherland against selling 

intoxicating Liquors to Indians. Passed 18 June, 1643. 

[N. Y. Col. MSS. rV. 169.] 

Whekbas large quantities of strong liquors are 
daily sold to the Indians, Avhence serious difficulties 
have already arisen in this Country, and further 
calamities, it is apprehended, will be occasioned ; in 
order to prevent the same, as much as possible, We, 
the Director General and Council of New Netherland 
do, therefore, forbid all Tapsters and other Inhabitants, 
from now henceforth, to sell, directly or indirectly, 
by themselves or others, any liquors to Indians. If 
any one shall be found to have acted contrary here- 
unto, he shall for the first offence forfeit fl.25 ; for 
the second offence, double, and for the third time be 
arbitrarily corrected. 

Thus done and published in Fort Amsterdam on 
the day and year aforesaid. 



NEW NETHERLAND. 35 



ORDINANCE 

Of the Director and Council of New Netherland against harboring 

Fugitive Servants. Passed 18 June, 1G4;3. 

[N. T. Col. MSS. rv. 169.] 

This is a Renewal of the Ordinance of the 13 April, 1642. Supra, p. 32. 



ORDINANCE 

Of the Director and Council of New Netherland regulating the 

Burgher guard. Passed 19 November, 1643. 

[N. Y. Col. MSS. rv. 180 ] 

1. If any one, on the Burgher guard, take the name penalty for 
of God in vain, he shall forfeit for the first offence 10 ]^'^f<" ° 

God m Tain 

stivers ; for the second, 20 stivers, and for the third 
time, 30 stivers. 

2. Whosoever on the Burgher guard speaks ill of a f°^^^^- 
comrade, shall forfeit 30 stivers. "^°' 

3. Whosoever comes fuddled or intoxicated on For being 

drunk on 

guard, shall, for each offence, pay 20 stivers. Who- b'^^'^- 
soever is absent from his watch, without lawful reason, 
shall forfeit 50 stivers. 

4. After the watch is duly performed, and daylight iScbSrging 
is come, and the reveille beaten, whosoever discharges gj^i^y- 
his gun or musket, without orders of his Corporal, 

shall pay one guilder. The 16 9ber, 1643. 



36 



LAWS OF 



ACT 



Petition of 
certain 
Negroes to 
be liberated 
ft-om 
Slavery. 



Said 

NepToea and 
tbeir Wives 
declared 
ttea 



Condltlosa, 



Of tne Director and Council of New Netherland emancipating certain 

Negro Slaves therein mentioned. Passed 25 February, 1644. 

[N. Y. Col. MS3. rv. 183.] 

We, William Kieft and Council of New Netherland 
having considered the petition of the Negroes named 
Paulo Angola, Big Manuel, Little Manuel, Manuel de 
Gerrit de Reus, Simon Congo, Anthony Portugis, Gra- 
cia, Peter Santomee, Jan Francisco, Little Anthony, 
Jan Fort Orange, who have served the Company 18 
a 19 years, to be liberated from their servitude, and 
set at liberty, especially as they have been many 
years in the service of the Hon"'^ "West India Com- 
pany here, and have been long since promised their 
Freedom ; also, that they are burthened Tvith many 
children so that it is impossible for them to support 
their wives and children, as they have been acciis- 
tomed to do, if they must continue in the Company's 
service; Therefore, We the Director and Council do 
release, for the term of their natural lives, the above 
named and their Wives from Slavery, hereby setting 
them free and at liberty, on the same footing as other 
JFree people here in Nejv Netherland, where they shall 
be able to earn their livelihood by Agriculture, on the 
land shewn and granted to them, on condition that 
they, the abovenamed Negroes, shall be bound to pay 
for the freedom they receive, each man for himself 
annually, as long as he lives, to the West India 
Company, or its Deputy here, thirty skepels of Maize, 
or Wheat, Pease or Beans, and one Fat hog, valued 
at twenty guilders, which thirty skepels and the hog 
they, the Negroes, each for himself, promises to pay 
annually, beginning from the date hereof, on pain, 
if any one of them shall fail to pay the yearly tribute, 
he shall forfeit his freedom and return back into the 



NEW NETHERLAND. 37 

said Company's slavery. With express condition, j;;™^^^^^ 
that their children at present born or yet to be born, slSvra'land 
shall be bound and obligated to serve the Hon'"" 
West India Company as Slaves; Likewise that the 
abovenamed men shall be obliged to serve the Hon'''® ■">« ™™ *» 

o serve, wneD 

West India Company here, by water or on land, fl?w^ 
where their services are required, on receiving fair 
wages from the Comx)any. ^ 

Done 25 February, 1644, in Fort Amsterdam in 
New Netherland. 



ORDINANCE 

Of the Director and Council of New Netlierland for the Construction 
of a public Inclosure on the Island of Manhattan. Passed 31 March, 
1644. 

[N. T. Col. MSS. IV. ISC] 

Whereas the Indians, our enemies, daily commit preamwa. 
much damage, both to men and cattle, and it is to 
be apprehended that all the remaining stock which 
will be driven out will be destroyed by them, and 
that the lives of many Christians will be lost who 
daily would go out to look the cattle up, It is, there- 
fore, decreed by the Director and Council that there 
shall be constructed a Fence, Palisade, or Clearing, inciosoreto 

be erected 

beginning from the Great Bouwery to Emanuel's plan- protection 
tation, and every one who owns cattle and shall desire 
to have them pastured within this clearing, is warned 
to repair thither with tools on next Monday morning, 
being the 4th of April, at seven o'clock, in order to 
assist in constructing the said Fence, and in default 
thereof, he shall be deprived of the privilege of pas- 
turing his cattle within said inclosure. Let every 
one take notice hereof, and communicate it to his 
neighbor. 
Thus published and posted on the day aforesaid. 



38 



LAWS OF 



Preamble. 



ORDINANCE 

Of the Director and Council of New Netherland against depositing 
Ashes, or committing any nuisance within Fort Amsterdam. Passed 
7 June, 1644. 

[N. Y. Col. MSS. rv. 191.] 

The Hon"® Director General and Council of Neiv 
Netilierland having observed that Soldiers and others, 
residing in Fort Amsterdam, deposit ashes and other 
filth -within the Fort. We, therefore, make known 
unto all and every one that from now henceforward, 
SoTiSfsan'e Ashcs and other dirt shall be convej^ed outside the 
wSport Fort, and that no one shall make water within the 
Fort, and if any one be caught by the sentinel in 
the act, he shall pay to him or the Provost three 
stivers for each offence, and if he refuse to pay, 
the sentinel or Provost shall be empowered to levy 
execution on the offenders. 



Asbes to be 
removed 



Amster- 
dam. 



Penalty. 



ORDHSTANCE 

Of the Director and Council of New Netherland for Levying an Excise 

on Liquors and Beavers. Passed 21 Jmie, 1G44. 

[Hoi. Doc. m. 130.] 

Whereas the general War which we have been 
forced to wage against the surrounding Indians hath 
obliged us, in order to preserve the Country, to 
employ an extraordinary number of Soldiers, who 
must necessarily be paid, as well as other heavy 
expenses caused by the War; to accomplish which 
we have spared none of the available means of the 
jgoQbie West India Company, but have, in addition, 
been obliged to raise as much money as we could 
obtain on Bills of exchange drawn on the Hon"'" 
Directors; and Whereas, We are now devoid of ail 
means, and despair of immediately receiving any 



NEW NETHERLAND. 39 

31 

assistance from Holland, in this our necessity; There- 
fore We are constrained to find out some plan to pay 
the Soldiers, or else We must dismiss them, which 
according to all appearances, will lead to the utter 
ruin of the country, especially as the Harvest is at 
hand whereby people must live and fodder be pro- 
cured for the remaining cattle; for neither grain nor 
hay can be cut without Soldiers. These matters 
being duly considered, and all things being duly 
weighed, with the advice of the Eight Men chosen by °,?t?;e'i'i|ht 
the Commonalty, no better nor more suitable means tafnbu"es 

imposed, 

can be found in the premises, than to impose some 
Duties on those articles from which the good inhabit- 
ants will experience least inconvenience, as the 
scarcity of money is suflBciently general. 

Therefore We have enacted and Ordained, and do 
hereby enact and Ordain, that there shall be paid o^Beer, 
on each half barrel of Beer tapt by the Tavern Keep- 
ers, two Guilders, one-half payable by the Brewer 
and one-half by the Tapster; the Burgher who does 
not retail it, to pay half as much ; on each quart of '^^^^^''^l^^ 
Spanish Wine and Brandy, four Stivers; French 
Wine, two Stivers, to be paid by the Tapsters; on each 
merchantable Beaver, purchased within our limits, seavera. 
and brought here to the Fort, one guilder; the three- 
quarters and halves in proportion. All on pain of Penalty. 
forfeiture of the goods, to be recovered by the Officer 
or Collector to be thereunto appointed; one^third 
for the Informer, one-third for the Oflicer and the 
remainder for the Hon"'" Company. All this provi- 
sionally, until the good God grant us Peace, or We 
receive sufficient succor from Holland. 

Ady 21 June, A° 1644, in Neiv Netherland. 



40 LAWS OF 

ORDINANCE 

Of the Director and Council of New Netherland for Further levying 

an Excise on Beavers and Boer. Passed 4 August, 1644. 

[N. T. Col. MSS. rv. 198.] 

Preamble. Whekeas bj this War wliich We are obliged to 
wage and still carry on against the Indians, We find 
ourselves wholly without goods and effects, not know- 
ing of any means to feed or to maintain the Soldiers ; 
and Whereas a goodly number of Soldiers have been 
sent to our assistance from Curacao, whom, indeed, 
we might well have excused ourselves from accept- 
ing, were it not that the necessity of the Country 
demanded their aid, and the Commonalty insisted on 
it; Therefore it is deemed adviseable to retain a 
large number of them here, and as it is impossible 
for the Director to provide them with Clothing, the 
Store being entirely empty, the Winter at hand, and 
as nothing can be effected with naked Men, who, on 
the contrary are a heavy burthen on us, no other 
means are, therefore, found available than to impose 

StawLhed, some Excise on Goods wherein those deal who only 
attend to their business whilst others suffer most 
serious losses. 

Wherefore it is Ordained provisionally (until succor 
is obtained from Holland) that each Merchantable 

On Beavers, geavcr bciug at, or coming here to the Fort, shall 
pay fifteen stivers once for all. And in order to pre- 
vent all frauds, all the Beavers on which the duty is 

be^ST^ed, paid, shall be marked with the Company's mark by 

cSnS^ the Officer thereunto appointed, and such Beavers as 
shall be discovered, three days after the publication 
hereof, to be unmarked, shall be confiscated. When 
they are exported, a certificate will be given to the 
Merchant that the Duty on them has been paid to 
the Company. 



NEW NETHERLAND. 41 

Also, that from now henceforward there shall be Excise on 

Beer. 

paid on each tun of Beer, three guilders, payable by 
the Brewer, on condition that he shall be allowed to 
sell his beer at fl.22 to the Tavern Keeper, and the 
Tavern Keeper again at nine stivers for two quarts 
(de vaen). 
And all the Brewers shall be bound to inform the Brewers 

to return 

Eeceiver how many tuns of Beer they have brewed 8?e5^^ 
each time, before it is removed from the premises. 

Thus done by the Hon*"" Director, Johannes La 
Montange, the Fiscal, Oapt. William Cornelissen, Bas- 
tiaen Crol, and Capt. Jan de Fries, and published the 
day and year aforesaid. 



ORDINANCE 

Of the Director and Council of New Netherland against Harboring 
certain persons. Passed 25 Avgust, 1644. 

[N. T. Col. MSS. IV. 200.] 

The Director and Council of Netv Netlierland make Huybert 

Jansen and 

known to all persons that they shall not harbor nor cu'dstoVei- 
give any food to Huybert Jansen and Micliiel Chris- ^^lihSt^^^ 
toffelsen on pain of forfeiting One hundred guilders, 
and the aforesaid persons are summoned to make ^"^"ea"!* 
their appearance within four and twenty hours to 
prove their innocence. Ady 25 August, 1644. 
6 



42 



LAWS OF 



CHARTER 



Preamble. 



Names 
of Corpora- 
tors. 



Boundaries 
ot Town. 



100 families 
to be settled 



Granted by the Director and Council of New Netherland to the Town 

of Hempstead, 16 November, 1644. 

[N. T. Deed Book, III. 100.] 

Know all men whom these P'sents may any Wayes 
concerne, That "Wee, William Kieft, Esq'' Governo' 
Gen"" of the Province called the Neiv Netherlands, 
with the Councell of State there established, by 
Vertue of a Commission under the hand and Seale 
of the High and Mighty Lords, the Estates Generall, 
of the united Belgiclc Provinces, and from his High- 
nesse, Fredriclc Hendriclc, Prince of Orange, and the 
Eight Hono*"' Lords, the Lords Bewint Hebbers of 
the west India Company, Have given and graunted, 
and by vertue of these p''sents, Wee do give and 
graunt unto Robert Fordliam, John Sticlcland, John 
Ogden, John Carman, John Laurence and Jonas Wood, 
with their Heires, Executors, Administrato" Succes- 
sor^ or Associates, or any they shall joj^ue in associacon 
with them, a certaine quantity of Land, with all the 
Havens, Harbo''^ Eivers, Creekes, Woodland, Marshes, 
and all other Appurtenances there unto belonging, 
lying and being upon, and about a certaine place, 
called The Great Plaines on Long Island, from the 
East Eiver to the South Sea, and from a certaine 
Farbo"^ now comonly called and knowne by y^ name 
of Hempsteed Bay, and so westward as farr as Mathew 
Garretson^ s Bay, to begin at the head of the said two 
Bayes, and so to run in direct Lines, that there may 
bee the same Latitude in breath on the South side 
as on the North, for them the said Patentees, Actu- 
ally, really, and perpetually to Enjoy, in as large and 
ample manner as their own free Land of Inheritance, 
and as farre Eastward, in case the said Patentees and 
their Associates shall procure One hundred ffamelyes 



NEW NETHERLAND. 43 

to settle downe w**" in the said Limitts, five yea" after within 5 

* years. 

the date hereof; 

Giving and Graunting, And by Vertue of these f°',fowS 
P'sents, wee do give and grauntunto the said Paten- towm' 
tees and their Associates, with their Heires and 
Saccesso"^ fall Power and Authority, upon the said 
Land to Build a Towue or Townes with such neces- 
sary ffortifications as to them shall seem expedient, J^urchM; 
with Temple or Temples, and to use & Exercize the 
reformed Eeligion, which they professe, with the F?eedomof 
Ecclesiasticall Discipline there unto belonging; faH'^^""' 

Likewise giving and graunting, and by vertue of 
these p sents wee do give and graunt, to the said 
Patentees, their Associates, Heires and Successo" full 
Power and Authority to Erect a Body Politique, or ^°„''^""'"''' 
Oivill Oombiuacou, amongst themselves, and to nomi- pow"r'to '"" 
nate certaine Magistrates, one or more, under the ^^iki^^;"'^ 
number of Eight, of the Ablest, discreetest, approved 
honest men, and him, or them, annually to present 
to y= Goveruo'' of this Province, for the time being, 
for him the said, the Governo'' Gen''" for the time 
being, to Elect and Establish them, for the Execucon 
of Governm' amongst them, as well Civill, Politicall 
as Juridlcall, with full Power and Authority for them, 
the said Magistrate, or Magistrates, to call a Court, gy^ug^ed. 
or Courts, so often as they shall thinke expedient, 
and to hold Pleas in all Cases, as Criminall as g^n^'^'''^'''^- 
Civil], and to make an Officer under them to keepe a 
Eecoi'd of their proceedings, with Power likewise for 

them, the said Magistrate, or Magistrates, with the Magistrates 

' t< ' o ' with con- 

consent of their associates or flree Inhabitants, to iXultants. 
make and Establish Civill Ordinances amongst them- locaiLaws. 
selves, Likewwise to make an officer of Justice under 
them for y" Execucon of their warrants, precepts and ^^^fS^."' 
injunctions; Likewise to Examine upon Oath, or by 
way of Interrogatories, all witnesses, concerning mat- jurisdiction' 
ters depending before them, and to give the first cLraT""' 



44 LAWS OF 

Sentence for the deprivacon of Life, Limbe, Stigma- 
tizing or Burne marking of any Malefactor, if they, in 
their Consciences, shall adjudge them worthy, and to 
cause the Execution of the said sentence, if the party 
Eight of so condemned maketh not their Appeale to the Chiefe 

Appeal ■*• ■*• 

reserved. Court, most commonly holden weekly in the ffort 
Amsterdam; In which Oases of deprivation of Life, 
Limbe, Member, Stigmatizing or Burne marking, the 
party so condemned, shall have free Liberty, of his or 
her Appeale to our Court as aforesaid. And bee 
thether conveyed, by Order of the Magistrate or 
Magistrates, for the time being, of the Towne of 
Hempsteed; And their Magistrate, or Magistrates, 
shall have Power to sitt in our said Court, and to Vote 
in such Causes; 

Likewise giving and graunting, And by vertue of 
these presents, wee do give and graunt, to the above 
said Patentees, their Associates, Heires and Suc- 
cessor full Power and Authority absolutely to 
Actions^ determine without appeale, all Actions as well for 
appeatobi"?* Debt, Trcspasse or ffine, not exceeding ffifty Holland 
Guild'^ and to Arrest the Body or Goods of any that 
shall (in the Penalty of the said Summe) refuse to 
stand to their Award, But in causes exceeding the 
said Sume, p'^ties have likewise Liberty of Appeale to 
our Court as aforesaid ; 
HuntinK Wcc do likcwlse give and graunt unto the above 

rtehing"fid said Patentees, their Associates, Heires and Sue- 
and cesso" to usc aud exercize the free Liberty of Hunting, 

Hawking, ffishing and ffowling within the abovesaid 
Trade Llmlts, And to use and exercize all manner of Com- 
merce, according as the Inhabitants of the Province 
may, or can do, by Vertue of the Priviledges graunted 
to them, induing all and singular the said Patentees, 
their associates, heires and Successo" w'" all aud 
singular the immunityes and Priviledges graunted 
to the Inhabitants of this Province, or hereafter to 



families 
cannot be 
procured. 



NEW NETHERLAND. 45 

bee graunted, as if they were natives of the united 
Provinces; 

ffurther given and grannting to the said Patentees, ?''o^™% 
their Associates, Heires and Successo"^ That in case 
they cannot procure One hundred flfamilyes to settle 
down within the abovesaid Limitts, within the above- 
said time of five yeares, to have and Enjoy in as 
ample manner, sufficient Land Battimpro Bato, the 
like quantity of Land, according to the number of 
ifamilyes they shall iirocure, with all the Priviledges 
above written ; 

Likewise binding my selfe and Successo" for and Tuieto 

° ■' Property 

in the behalfe of the High and mighty Lords, the 8""=^"'*'*. 

Estates Generall of the tinited Belgick Provinces his 

Highnesse,^>-ef?enc7^ Hendriclc, Prince of Orange, and 

the Eight Hono'"^ Lords, the Lords Bewint Hebbers 

of the west India Company, and their Successo" that 

in case the Title of propriety, to the said Land, shall 

bee controverted by any other Prince or State, to 

make all damages that may thereby accrew unto 

them. Always Provided the said Patentees, their mnaMtanta 

' *J 'to acknowl- 

Heires, Snccesso"^ and Associates, shall reverently OCTcmrtho 
respect the abovenamed High and mighty Lords, the ol'^nge^ad 

i r» o ^ » the West 

Estates Generall of the united Belgick Brovinces, his pSny.a™" 
Highnesse, ffrederick HendricJce, Prince of Orange 
and the Eight Hono"'' the Lords Bewint Hebbers of 
the west India Company, and their Successo" for 
their Superior Lords and Patrons, so long as they 
shall Inhabit in the Jurisdiction of the said Province, 
And at the Expiration of ten yeares, to begin from ^o^p^y 
the day the first generall Peace with the ludyans 
shall bee concluded on, to pay or cause to bee paid to 
an officer there unto deputed by the Governo'^ of this 
Province for the time being, the tenth ijart of all the 
Eevenue that shall arise by the Grouud manured w"' 
the Plough, or Howe, in case it bee demanded, to bee 
paid to the said Officer, in the ffield, before it bee 



46 LAWS OF 

Housed, Gardens or Orchards, not exceeding one 

Hollands Acre, being excepted ; 

?n oSg -^^^ ii case any of the said Patentees, their Asso- 

tog^catue." ciates, Heires and Succesos" shall onely improve their 

Stock in grasing or breeding of Cattle, then the Party 

so doing shall at the end of the aforesaid ten yeares. 

Pay, or cause to be paid, to an Officer there unto 

deputed as aforesaid, such reasonable satisfaction in 

Butter or Cheese, as hee and the said Officer shall 

Agree unto, with the advice of the Magistrate or 

Magistrates of y° said place for the time being; 

anTDiuch iiijoyning likewise, the Patentees, their Associates, 

MeifSrati? Heires and Successo''^ in the dating of all Publique 

be used. ^ 

Instruments, to use the New Stile, with the Weights 
and Measures of the place. 

Given under my Hand and Scale of this Province, 
this 16th of November, 1644, Stilo novo. 

WILLIAM KIEFT. 
By order of the Governo'^ and Oouncell, 

CoRNELTS VAN TiENHOVEN, Secret. 
Geo. Baxtee. 



NEW NETHERLAND. 47 

ORDINANCE 

By the Director and Council of New Netherland further prohibiting 

the Sale of Firearms, etc., to Indians. Passed 23 February, 1G45. 

[N. Y. Col. MSS. IV. 216.] 

Whekeas the Director General and Council of New Preamble. 
Netherland have long ere this noticed the dangerous 
practise of selling Guns, Powder and Lead to the 
Iiuliaus, and moreover published at the time an 
Ordinance prohibiting the same on pain of Death, 
notwithstanding which some persons have yet under- 
taken to barter all sorts of ammunition among the 
Heathen, purchasing the same secretly here and then 
transporting it up the Eiver and elsewhere, to the 
serious injury of this Country, the strengthening of 
the Indians and the destruction of the Christians, as 
We are now, also, informed with certainty, that our 
enemies are better provided with Powder than we, 
which they contrive to obtain through other Barba- 
rians, our friends. Likewise, his Majesty of France g'SfJiang 
hath, through his Ambassador, seriously complained ° ™'^' 
to the Lords States General of the selling of arms 
to the Indians, whereby His subjects suffer grave 
injury, in consequence of which the Lords States 
General have recommended Mess'^^ the Directors to 
Ijrevent and to forbid the same, and to have the guilty 
parties punished with rigor, which, then, their Honors 
have earnestly commanded us to do. 

Therefore, we most expressly forbid, as we hereby 5fo°D°oTwar 
do, all persons, from this time forth, from daring to ^d^s!'*'" 
trade any munitions of War with the Indians, or 
under any pretence whatsoever, to transport them 
from here, without express permission, on pain of 
being punished by Death, and having the vessel con- ^™='"5'- 
fiscated in which the same shall be found laden or to 
have been put on board. Let every one be warned 
hereby and save himself from diflSculty. 



48 



LAWS OF 



Names of 
Corpora- 
torn. 



noundarieg 
oTtlaeTown. 



CHARTER 

Granted by the Director and Council of New Netherland to the Town 

of Flushing. 10 Odoher, 1645. 

[N. T. Deed Book, II. 178.] i 

Know all men, whom these p'^sents may any wayes 
concerne, That wee William .Kieft, Esq' Governo' 
Gen" of the Province called the Neiu Netherlands, 
■w"" y^ Councill of State there Established, by Vertue 
of a Commission under the hand and Seale of the 
High and Mighty Lords, the Estates Gen" of y" 
United Belgick Provinces, His Highnesse, Fredericlc 
Sendrick, Prince of Orange, and the Eight Hono"'® 
Lords, the Lords Bewint Hebbers, of the "West India 
Company, Have given and graunted. And by vertue 
of these p'nts, do give, graunt and confirm unto 
Thomas ffarrington, John Toivnesend, Thomas Stiles, 
Thomas Saull, John Marston, Robert ffield, Thomas 
Applegate, Thomas Beddard, Laurence Dutch, John 
Laurence, William Laurence, William Tliorne, Henry 
Sautell, William Pigeon, Michaell Milleard, Robert 
ffirman, John Hichs, Edward Hart, their heires, 
Exco'^^ Admt"^^ Assignes, Success*"^ or Associates, or 
any they shall joyne in Associacon with them, a cer- 
taine quantity or parcell of Land, with all the Havens, 
Harbo" Elvers, Creekes, "Woodland, Marshes, there 
unto belonging, and being upon the K'orthside of 
Long Island, to begin at y^ westward part thereof, at 
the Mouth of a Oreeke upon the East Eiver, now 
comonly called and knowne by the name of fflushing 
CreeTie, and so to runne Eastward, as farr as Mathew 
Garretsons Bay; Together w'" a Neck of Land 
commonly called Tues Nech, being bounded on the 
"Westward part thereof, with the Land graunted to 
M"^ Francis Doughty and Associates, and on the 
Eastward part thereof, with the Land graunted to 
y® Plantacon and Towne of Hempsteed, and so to rune 



NEW NETHERLAND. 49 

in two direct Lines, unto the South side of y" said 
Island, that there may be the same Latitude in 
breadth, on the South side, as on the Northside, for 
them the said Patentees, Actually, really, and per- 
petually to enjoy, and Possesse, as their owne free 
Land of Inheritance, for them the said Patentees, 
their Associates, heires, Successo" and Assignes to 
Improve and Manure at theire owne best advantage 
according to their discretions. Alwayes Provided y" 
said Patentees or Associates, shall settle such a com- f^^j^-^^^S^ 
petent iSTumber of ffamilyes, w'^in the space of two wiuf"'!* 
yeare, after the date hereof, as the Governo'' Gen''" 
of this Province, for the time being, or any hee shall 
appoint, shall thinke convenient, may bee accommo- 
dated, within the said Limitts; 

Alwayes Provided the first Settlers, to bee suffi- 
ciently accommodated, excepting for and to the use 
of the above said Eight Hono"'' the Lords Bewint ^^"^*- 
Hebbers, a certain Parcell of Land, within the Towne 
of fflusMng, for theire own use ; 

ffurther giving and graunting. And by vertue of S^^ered! 
these p'^seuts. We do give and Graunt, unto the said 
Patentees, their Associates, Heires, Executo'' Ad- 
mto"^ Successo''^ and Assignes, upon the said Land to 
build a Towne, or Townes, w'" such necessary fforti- |S,^E;i^|.orts 
fications, as to them shall seeme Expedient ; and to rAldoV'^^ 
have and Enjoy the Liberty of Conscience, according 
to the Oustome and manner of Holland, without 
molestacon or disturbance, from any Magistrate or 
Magistrates, or any other Ecclesiasticall Minister, 
that may extend Jurisdiccon over them, with Power 
likewise, for them the said Patentees, their Associates 
and Saccesso'^ to Nominate, Elect and Choose, a 
certain Officer over them, who may beare the name 
or Title of Scout, or Constable of fflusMng, to w'^'' said 
Officer, of Scout or Constable, Wee do hereby give 
graunt and Confirme, as large and ample Power and 



of Eeliglon ; 



Constable. 



50 



LAWS OF 



His powers. 



Free 
Hunting, 
Hawlting, 
"PiBli i ng, 
yowling, 
and Trade. 



Inhabitants 
to acltnowl- 
edse States 
General 
&c.; and 



To pay 
Tentbs. 



Antbority, as, is usually given to the Scout of any 
Village in Holland, or Constable in England, for the 
apprebencon of any Malefactor, or any that shall go 
about to disturbe the Publique Peace and tranquility 
of the said Towne of ffiusliing, And bim or them to 
bring before the Governo' Gen*" of this Province, for 
the time being, and there to make Proces ag^' such 
delinquents; 

fl'nrtber giving and graunting, And by vertue of 
these P'^nts, we do give and graunt unto the said 
Patentees, their Associates, Heires, Successo" &c. to 
have and enjoy the free Liberty of Hawking, Hunting, 
ihshing, ftbwling within tbeir aboves* Limitts, And 
to use and Exercise all manner of Trade and Com- 
merce, according as y" Inhabif^ of this Province may 
or can by vertue of any Priviledge or Graunt made 
unto them, inducing all and singular the said Paten- 
tees, their Associates, Heires, Successo" &c. w*" all 
and singular the imunityes of this Province, as if 
they were Natives of the United Belgiclc Provinces ; 

Alwayes Provided, the said Patentees, tbeir Associ- 
ates, Heires and Successo'^^ shall reverendly respect 
the abovenamed High and Mighty Lords, &c. for 
their Superior Lords and Patrons, so long as they 
shall continue within the Jurisdiction of this Prov- 
ince, and at y^ expiracon of ten yeares to begin from 
the day of the date hereof, to pay or cause to bee 
paid to an OflScer, thereunto deputed by the Gov- 
ernor Gen"" of this Province, for the time being, the 
tenth part of the Eeveuue, that shall arise by the 
Ground manured, by the Plough or Howe, in case it 
bee demanded, to be paid to y" sd OflBcer, in the 
ffield, before it bee Housed, Gardens, or Orchards, 
not exceeding one Holland Acre, being excepted ; 
And in case any of y" sd Patentees, their Associates, 
Heires, Successo" or Assignes, shall onely improve 
their Stocks, in Grasing or Breeding of Cattle, Then 



^EW NETHERLAND. 51 

the Party so doing, shall at the expiracon of the ^^%^^^g 
teu yeares aforsaid, Pay or cause to be paid to an tl^icltat 
Officer, deputed as abovesaid, such reasonable Satis- 
faction in Butter or Cheese, as other Townes shall do 
in like Oases ; 

Likewise enjoyning the said Patentees and Associ- ^ewstyic 
ates, their Heires, Successo" and so forth, in the M^ilSSs^w. 
dating of all Publick Instrum*^ to use the New Stile, °"^^ 
together with the Weights and Measures of this 
place. 

In Wittnesse whereof, wee have here unto sett our 
hand and Scale of this Province, dated this tenth 
day of October, 1645, stilo novo, in the ffort Am- 
sterdam. 

Memorandum, before the Ensealing hereof. It was SSiS°'*°" 
Agreed, and Ordered by the Governo% the Land 
should rune North and South, but as farr as the 
Hills. 

WILLBM KIEFT. 
Ter Ordinnantie, &c. 
OOENELis VAN TiENHOVEN Secrets. 



52 



LAWS OF 



ORDINANCE 



27o Liquors 
lo be given 
or sold to 
Indiuus. 



Penalty. 



Of the Director and Council of New Netherland further prohibiting 

the sale of Intoxicating Liquors to Indians. Passed 21 November, 

1645. 

[N. Y. Col. MSS. IV. 239.1 

Whereas large quantities of Strong liquors are 
daily sold to the Indians whence serious troubles 
have heretofore arisen in this country, and it is to be 
apprehended, if no provision be made therein, greater 
calamities will occur, and in order to prevent the 
same, We, the Director General and Council of Neiv 
Netherland, do forbid all Tapsters and Inhabitants 
from this day forward, any Wine, Beer or other Strong 
liquors to sell, give or trade in any way whatsoever 
to the Indians ; to bring it, or cause it to be brought, 
by the third or fourth hand, directly or indirectly 
into any Houses, Taverns or elsewhere. If any one 
(be he who he may) be found to have transgressed 
herein, he shall forfeit for the first offence Five hun- 
dred guilders ; for the second offence, double ; an 
arbitrary correction, and to be banished out of the 
country, and in addition, to be responsible for all 
the damage which may accrue from the selling or 
giving any drink to the Indians. 

Published and posted at the usual places on the 
21 ISTovember, 1645. 



NEW NETHERLAND. 53 



CHARTER 

Granted by the Director and Council of New Netherland to the town 

of Gravesend, L. I. 19 December, 1645. 

[From the Original in the Office of the Clerli of the Town.] 

Whereas it hath pleased the High and Mighty preamble. 
Lords the Estates Generall of the united Belgick Prov- 
inces his Highness ffredericlce Hendriclie by the grace 
of God Prince of Orange, etc. : & the Eight Honourable 
the lords Bewint-hebbers of the West India Company 
by theyre severall Comissions under theyre hands 
and seales to giue and graunt unto me William Kieft 
suflScient power and authorrtie for the generall rule 
and gouernment of this Prouince Called the New 
Netherlands & likewise for the setling of townes, 
Collonies, plantations and disposing of the land 
■within this Prouince, as by the said Commissions 
more att large doth and may appeare ; 

Now Know yee whomsoeuer these presents may 
any Avays Ooncerne that I Will : Kieft Gouern' Gener" 
of this Prouince by vertue of the authoritie aboues"* 
& with the aduice & consent of the Councill of State 
here established haue giuen and granted and by 
vertue of these presents doe giue, graunt & confirme 
vnto the Honoured Jjadv Delorah Moody : Sir Senry Nameeof 
Moody Barronett, Ensigne George Baxter : & serieant *""■ 
James Hiibbard, theyre associates, heyres, executours, 
administratours, snccessours, assignes, or any they 
shall ioyne in association with them, a Certaine quan- 
titio or parcell of land, together with all the hauens, 
harbours, riuers, Oreekes, woodland, marshes, and all 
other appurtenances thereunto belonging, lying and o'the*"'" 
being vppon & aboute the westernmost part of 
Long Island, and beginning att the mouth of a , 
Creeke adiacent to Conyne Island & being bounded 
on the westward part thereof with the land apper- 



54 



LAWS OF 



Inhabitants 
allowed 
to graze 
Cattle on 
Conyne 
Island. 



Corporators 
Impowered 



To erect 
Towns, 
"Forts, and 



To enjoy 
Freedom of 
lielieion ; 



To establish 
a body 
politic ; 



To make 
local laws, 
and 



Nominate 
Magistrates. 



taining to Anthony Johnson & Robert Pennoyre, and 
soe to runne as farre as the Avestermost part of a 
Oertaine pond in an onld Indian field on the north 
side of the plantation of the s* Eo: Pennoyre, & from 
thence to runne direct East as farre as a valley begin- 
ning att the head of a fflye or marsh somtimes 
belonging to the land of Hugh Garretson, & being 
bounded on the south side with the Maine Ocean, for 
them the said pattentees theyre associates, hrs, ex- 
ecut" administ'^ succes" & assigns, actuallie, reallie & 
perpetuallie to inioy and posesse as theyre owne flfree 
land of inheritance and it to improue & manure 
according to theire owne discretions, with libertie 
likewise for them the said patt^^ theyre assoc*^ hrs & 
succes''^ & assignes to put what cattle they shall thinke 
fitting to feed or grase vppon the aflfores* Conyne 
Island. 

ffarther giueing & graunting, & by vertue of these 
presents wee doe giue & graunt unto the s"* pattent^' 
theyre assoc*^ hrs, & success"^ full power and authori- 
tie vppon the said land to build a towne, or townes, 
with such necessarie fortifications as to them shall 
seem expedient, & to haue & enioy the ffree libertie 
of Conscience according to the Custom and manner 
of Holland, without molestation or disturbance from 
any magistrate, or magistrates, or any other ecclesi- 
asticall minister that may pretend iurisdictie ouer 
them, with libertie likewise for them the s" pattentees, 
theyre assoc^^ hrs, &c : to erect a boddy politique & 
Civill Combination amongst themselues as flfreemen 
of this prouince & of the towne of Grauesund & to 
make such Civill ordinances as the maior part of the 
inhabif^ ifree of the s"* towne shall thinke fitting for 
theyre quiet & peaceable subsisting & to nominate 
elect & choose three of the ablest, approued, honest 
men, «Sz; them to present annually to the Gouern"" 



NEW NETHERLAND, 55 

gener : of this prouence for the time being for him 
the s"^ Goueru" to establish & Confirme ; 

To the which s"* three men soe chosen & Confirmed J?^"f^?*.'™ 
wee doe hereby giue & graunt full power and au- '"""■ 
thoritie absolutely and defiuitiuelie to determine 
(without appeale to any superiour Court) for debt or 
trespasse, not exceeding fifty hollands gild"^ for all 
such actions as shall happen within the iurisdiction 
of the aboues** limit : with power likewise for any 
one of the s*^ thre to examine vppon oath all witnesses 
in Oases depending before them, and in Case any 
shall refuse to stand to the award of what the 
maior j^art of the s"* thre shall agree vnto, in such 
Cases we doe hereby giue and graunt full power 
and authoritie to any two of the s'* thre, to attach, 
and Ceise, uppon the land, goods. Catties & Chatties 
of the parties Condemned by theyre s'* sentence, and 
fourteue dayes after the said Czisure (if the parties 
soe Condemned agrees not in the interim & submits 
himselfe to the sentense of the said thre men) the s** 
two or three appointed men as aftbres* to take or 
ioyne to themselues two more of theyre neighbours 
discrete honest men & with the aduise of them to 
apprise the lands, goods, Catties, or Chatties, within 
the aboues*^ iurisdiction & belonging to the partio 
Condemned as aflfores^ to the full valleu ; and then 
to sell them to any that will buye, that satisfaction 
& payment may be made, according to the sentence 
of the s'^ appointed men. 

Likewise giueing & graunting & by vertue hereof 
wee doe giue & graunt unto the s^ patt"^ theyre asoc*^ 
hrs, success"^ &c., full power and authoritie to elect ffXi^d 
& nominate a certaine officer amongst themselues to ™™''™^'*- 
execute the place of a Scoute, and him likewise 
annuallie to present to the Gouer"^ gener: of this 
I)rouince to be established and confirmed, to which 
s" officer soe chosen and confirmed, we doe hereby 



56 



LAWS OF 



His powers. 



Tree 

Hunting, 

Hawking, 

Fishing, 

Fowling. 

and Trade. 



Inhabitants 
to aclcnowl- 
edge States 
General 
<&c., and 



To pay 
Tenths. 



gme and graunt as large and ample power as is 
vsuallie giuen to the scoutes of any village in Hol- 
land, for the suppression or preuention of any disor- 
ders that may there arise, or to arrest & apprehend 
the boddy of any Criminall, malefactour, or of any 
that shall by word or act disturb the publicqu tran- 
quillitie of this prouince, or ciuill peace of the 
inhabitants within the aboues" iurisdiction, & him, 
them, or her, soe arrested or apprehended, to bring 
or Cause to be brought before the Gouern"^ gener : of 
this prouince, & theyre by way of processe declare 
against the partie soe offending; 

ffarther wee doe giue & graunt unto the s'^ patt^* 
theyre asso''" hrs, etc: free libertie of hawking, hunt- 
ing, fishing, fowling within the aboues'' limits, & to 
use & exercise all manner of trades & comercc, 
according as the inhabitants of this prouince may or 
Can, by vertue of any priueledge, or graunt made 
unto them, induing all & singular the s'' patt^^ 
theyre assoc'^ hrs, etc: with all & singular the immu- 
nities and priuledges already graunted to the inhabiti^ 
of this prouince or hereafter to be graunted, as if 
they were natives of the united Belgiclc prouinces. 

Allways prouided thes* patt^ theyre assoc'^ hrs, 
&c: shall faithfuUie acknowledge & reuen rentlie 
respect the abouenamed High & Mighty lords, etc.: 
for theyre superiour lords & patrons, & in all loy- 
altie & fidelitie demeane themselues towards them 
& theyre successe" according as the inhabit*^ of this 
prouince in duty are bound, soe long as thej^ shall be 
within this iurisdiction, and att the expiratie" of ten 
years, to beginne from the day of the date hereof, to 
pay or Cause to be paid to an officer thereunto 
deputed by the Gouerer'' Gener: of this prouince for 
the tyme being, the tenth part of the reuenue that 
shall arise by the ground manured by the plough or 
how, in case 'it be demanded to be paid to the s** 



NEW NETHEIILAND. 57 

oflBcer in the fields before it be bowsed, gardens or 
orchards not exceeding one hollands acre being 
excepted: and in case any of the s** patt^^ theyre assoc" 
hrs, etc., shall only improue theyre stocks in grassing gjf^'^i'^f"'^^! 
or breiding of Cattle, then the parties soe doeing shall Sf^"^ 
att the end of the ten yeares affores" pay or cause to 
be paid to an oflicer deputed as aflfores"* such reason- 
able satisfaction in butter and cheese, as other 
inhabit*^ of other towns shall doe in like Cases; 

Likewise inioyning the said patt*' theyre assoc'' J^nTnuKh 
hrs, etc: in the dating of all publiqne instruments to Ml^Srato 

* ^ ^ be used. 

use the new style with the weights and measures of 
this place. 

Given under my hand and seale of this prouince 
this 19th of December in the foort Amsterdam in New- 
Netherlands, 1645. 

WILLBM KIEFT. 
(Endorsed on the back) — 

Ter ordonnantie van de H"" Derect"^ generael en 
Eaden Van Nieu Nederlandt. 

OoENELis Van Tienhouen, Secret". 
This Patent was Eecorded in the oflSce at New 
Yorke the 1=' day of March, 1666. 

Matthias Nicolls, Se(^. 

8 



58 LAWS OP 



ORDIlSrANCE 

Of the Director and Council of New Netherland establishing a Court 

of Justice in Breuokelen. Passed June 12, 1646. 

[N. T. Col. MSS. IV. 259.] 

Preamble. "W^B, William Kipft, Directoi' General, and the 
Council residing in Netv Netlierland on behalf of the 
High and Mighty Lords States General of the united 
Netlierlands, his Highness of Orange and the Hon"° 
Directors of the General Incorporated West ludia 
Company. 

To all those who. shall see these presents or hear 
them read, Greeting. 

lrS?toS' Whereas Jan JEversen Bout and Hiiyclc Aertsen from 
Eossum were on the 21 May last unanimously chosen 
by the proprietors (geintresseerde) of Breuclcelen, 

'rheir situate on Long Island, as Schepens to decide all 

powers. "^ ^ 

questions Avhich may arise, as they shall deem proper, 
according to the Exemptions of Netv Netlierland 
granted to particular Colonies, which election is 
subscribed by them, with express stipulation that, if 
any one refuses to submit in the premises aforesaid 
to the above mentioned Jan Hversen and Iliiyck 
toVnn Aertsen, he shall forfeit the right which he claims 
iSeis!"' to the land in the allotment of Breuclcelen ; And in 
order that every thing be done with more authority. 
We, the Director and Council aforesaid have, there- 
fore, authorized and appointed, and do hereby 
authorize the said Jan JEversen and Huyclc Aertsen to 
schepens^to bc Schcpcus of Breuclceleii, and in case Jan Eversen 
them"e'i?e? ^j,^ Rmjcli AcrtscH do hereafter find the labor too 

others, If _ in, •,^^ 

necessary, oucrous, they shall be at liberty to select two more 
from among the Inhabitants of Breuclcelen to adjoin 
them to themselves. We charge and command every 
Inhabitant of Breuclcelen to acknowledge and respect 
the abovenamcd Jan JEversen and Huyclc Aertsen as 



NEW NETHERLAND. 59 

their Schepens, and if anyone sLall be found to 
exhibit contumaciousness towards them, he shall * 
forfeit his share as above stated. 

Thus done in Council in Fort Amsterdam in New 
Netlierland. 



ORDINANCE 

Of the Director and Council of New Netlierland farther providing for 

the proper drawing up of Legal Instruments. Passed 12 June, 1646. 

[N. T. Col. MSS. IV. 269.] 

Whereas it is daily observed that, contrary to Preamwe. 
Law and the Ordinance of the Lords States General 
and the Edict published A° 16 , grave mistakes 
occur in the writing and drawing up of evidence of the 
truth by jn-ivate individuals, who are neither bound 
by oath nor called by Authority thereto, whereby 
mauy things are written to the advantage of those 
who have the papers drawn up, interspersed with 
sinister, obscure and dubious words, oftentimes con- 
trary to the meaning of the Attestors, to the great 
prejudice and damage of the parties ; And in order to 
prevent this result, dangerous in a Eepublic, and to 
strengthen the knowledge of the truth necessary in 
all Courts, Therefore we annul and declare invalid, ^esai 
as we do hereby annul and declare invalid all Affi- ?er"fll'd°°' 

. . before the 

davits. Interrogatories or other Instruments serving court, 
as evidence, which are written by private Individuals 
and not confirmed by oath before the Court here or 
other Magistrates, as we also, from now henceforth 
annul all Affidavits which will not be written by the or not 

drawn up 

Secretary or other duly authorized person, likewise ^Jcretary, 
all Contracts, Testaments, Agreements and other yZlt^ 
important documents, unless that through necessity 
it should be impossible to call on such person. Ady 
12 June, 1646. 



60 



LAWS OF 



Preamble. 



Jan 

Francisco 
manumlted. 



Conditions. 



ACT 

Of the Director and Council of New Netherland manumitting a. Negro 

Slave. Passed 27 September, 1646. 

[N. T. Col. MSS. IV. 271.] 

At the request of the reverend and very learned 
Dom° Johannes Megapolensis, minister in the Colonie 
Eenselaerswijc, and in consequence of the promise 
heretofore given by our predecessor* unto Jan 
Francisco, the younger, a Negro, and of his long and 
faithful service, he is set and made free, on condition 
that he pay to the Company during his life 10 
skepels of wheat, or its value, yearly, in return for 
his freedom. 



ORDINANCE 



Of the Director and Council of New Netherland against selling 
Liquor during Divine Service on the Sabbath, and after nine o'clock 
at night; and against Fighting with Knives. Passed 31 Mai/, 1647. 
[N. T. Col. MSS. IV. 289 ; XVI. 5.] 

Petrus Stutvesant, Director General of New 
Netherland, Curacao and the Islands thereof. Com- 
mander in chief of the Company's ships and Yachts 
cruising in the West Indies, 

To all those who shall see these presents or hear 
them read. Greeting. 

Whereas we see and observe by experience the 
great disorders in which some of our Inhabitants 
indulge, in drinking to excess, quarreling, fighting 
and smiting even on the Lord's day of rest, whereof, 
God help us ! we have seen and heard sorrowful 
instances on last Sunday in vilipending of the Court 

*Wouter van Twiller. 



NEW NETI-IERLAND. 61 

of Justice, to the reproacb and censure of Ourselves 
and Our office, to the scandal of our Neighbors and 
finally to the disparagement, yea contempt of God's 
Holy laws and Ordinances which command us to 
sanctify this His Rest and Sabbath day to His honor, 
forbidding all ■wounding, slaying and the means and 
occasions whereby the same might arise. 

Therefore We, with the advice of the late Hon. 
Director General and Our appointed Council, in 
order as much as it is practicable and possible ^br us 
to provide herein, and to prevent the Curse, instead 
of the Blessing of God falling upon Us and ou 
good Inhabitants, do hereby Order and Command 
that none of the Brewers, Tapsters and Tavern ?J°besow" 
Keepers shall, on the Eest day of the Lord, by us ^|^'£^- 
called Sunday, before two of the clock, when there is 
no sermon, or otherwise, before four of the clock in 
the afternoon, set before, tap or give any people, any 
Wine, Beer or Strong liquors of what sort soever, 
and under any pretext, be it what it may. Travelers 
and daily Boarders alone excepted, who may be pro- 
vided therewith for their necessity in their lodgings, 
on ijain of forfeiting their license, and in addition six 
Carolus guilders for every person who is found in 
their houses at that time partaking of any Wine or 
Beer; And in like manner, we forbid all Tavern- 
keepers, Eetailers, and Tapsters, on that day and ^Jy°Siie7 
all other days in the week, in the evening after the S'Soct 

•' 4 "in the 

ringing of the Bell, Avhich will be about Nine of evening, 
the Clock, to have any more common Tippling or to 
tap or furnish any AVine, Beer or Strong liquors Pei^ty- 
except to their own Families, Travelers and Board- 
ers, on the same penalty. 

And in order to prevent the too rash drawing of 
Knives, fighting, wounding and consequent accidents, 
We, therefore, pursuant to the laudable Statute of 
the most wise and Worshipful Council of the City 



62 



LAWS OF 



Penalty for 
drawing a 
kniie, or 
dagger, 



And for 
inllictiog a 
wound. 



of Amsterdam, do hereby enact and Ordain, that who 
soever shall, in passion or in anger, draw, or cause 
to be drawn a knife or dagger against another, 
shall forthwith incur a fine of One hundred Carolus 
guilders, or in case he fail to pay the money, he shall 
as a punishment be set for half a year to hard labor 
on bread and water ; and if he wound any one there- 
with. Three hundred like guilders or to spend a year 
and a half at the aforesaid labor. And We char^S^ 
and command our Fiscal, Lieutenant, Sergeants, 
Corporals, as well of Burghers, Inhabitants as of 
Soldiers, to use all opportunities, visits and due dili- 
gence, without any simulation, in attacking and 
apprehending the contraveners hereof, in order that 
they may be prosecuted according to law. 

Thus done in Fort Amsterdam ia New Netlierland, 
the 31 May, 1647. 



Note, — The following are the provisions of the Statute of Amster- 
dam, referred to in this Ordinance, entitled : " Of drawing Weapons, 
Fighting and Wounding." 

2. And if anyone draw a Knife or other weapon, without, however 
inflicting a wound, he shall be committed to close imprisonment, on 
beer and bread at his own cost, for the term of six weeks, or must 
pay the Court in lieu thereof, the sum of Twelve Carolus guilders, in 
ready monej'., 

3. Item. If anyone wound or strike another with a knife or other 
weapon, even with sticks, canes, pitchers and such like, he is to be 
Imprisoned in the public jail on beer and bread, at his own cost, for 
the term of three montlis, or pay instead, the sum of Four and twenty 
guilders in ready money. Mecueil van Verscheyde Keuren en Costu- 
men van de Stadt Amsterdam,' jioor^ Gerard Kooseboom. Cap, XI. 
Tk. . 



NEW NETHERLAND. 63 

ORDINANCE 

Of the Director and Council of New Netherland against trading in 

the Minquas country. Passed 18 June, 1647. 

psr. Y. Col. MSS. IV. 290.] 

Whekeas the Hou"*' Director General and Council preamwe. 
have received certain information that divers Private 
traders sailing to the South, and belonging to this 
government, go into the interior towards the Minquas 
country with cargoes of Cloth, Wampum and other 
articles, whereby not only Trade is destroyed, but 
the traders, who remain with their Sloops at the usual 
Trading posts, sustain great loss and damage, and the 
Indians thereby might be tempted to murder and 
slay such persons, in order to obtain their goods, 
and this Country fall again into disorder and war. 
Wherefore, We, for the advantage and interest of the no person 



West India Company and this Country, forbid and th«in'"ior 



to go Into 
the Interif • 
to Trade. 

interdict, as we do hereby from this time hencefor- 
vrard, all and everyone of our Inhabitants from 
daring to go into the interior with Cargoes or any 
other commodities but to wait at the usual trading 
posts for trade. 

Thus done in Fort Amsterdam in Neiv Netherland 
18 June A° 1647 



64 



LAWS OF 



ORDINANCE 



No Liquor 
to be sold, 
or Riven to 
ludiaus. 



Penalty, 



Damages to 
Farmh, &c., 
forbidden. 



Penalty. 



Farms to be 

properly 

Fenced. 



Catttle to 
be herded. 



Pound to be 
erected. 



Of the Director and Council of New Netherland, against selling 
Liquor to Indians ; against Trespasses ; and for the erection of 
Fences and a Public Pound. Passed 1 July, 1647. 
[N. Y. Col. MSS. IV, 297 ; XVI. 6.] 

Whereas large quantities of strong Liquors are 
daily sold to the Indians whereby heretofore serious 
difficulties have been occasioned in this Country and, 
therefore it becomes necessary to provide seasonably 
therein, so is it that We, the Director General and 
Council of New Netlierland, forbid and interdict all 
Tapsters and other Inhabitants from now henceforth 
any Wine, Beer or strong drink to sell, give or trade 
in any manner or under any pretext whatsoever to 
the Indians, or to let it be conveyed by the pot, and 
thus be handed to the Indians by the third or fourth 
hand directly or indirectly, under the penalty of 
Five hundred Carolus guilders, and in addition to 
be responsible for the damage which may accrue 
therefrom. 

Also, every one is warned and forbidden against 
doing any damage to Farms, Orchards and Gardens 
either to the Fences or Fruits, and whosoever shall 
be found to have committed any damage to the 
Fences or Fruits of any Farm, Garden or Orchard 
shall be fined One Hundred Guilders besides an 
arbitrary correction. 

Likewise, all Inhabitants of Netv Netlierland are 
charged and commanded their Farms properly to fence 
and set oft' so that the Cattle do not commit any 
damage therein, which cattle, whether Horses, Cows, 
and especially Goats and Hogs, must be herded or 
otherwise placed where they can do no harm, to 
which end Fiscal Tan Dyclc shall erect a Pound in 
which he may detain the Cattle until the damage 



NEW FETIIEKLAND. G5 

be made good and the fine paid. Let every one bo 
warned and on his guard against Loss. 

Done in Fort Amsterdam in Neiv Netherlmul the 
1st July, 1647. 



ORDINANCE 

Of the Director and Council of New Netherland against Smuggling, 
and to oblige Merchants to exhibit their Books and Accounts when 
called on. Passed i July. 1647. 

[N. Y. Col. MSS. IV. 298.] 

Petrus Stuyvesaxt, Director General of New 
Netlierland, Curacao and the Islands thereof, and 
the Hon^'^Oouncil, 

To all those who shall see these Presents or hear 
them read. Greeting. 

Whbeeas we by daily experience find, see and prcamwe. 
remark the Frauds, Aljuses and Smuggling which 
clearly Our and other people commit in the Expor- 
tation of Beavers, Otters, Bearskins, Elkhides and 
other Peltries, which are sent away or exported with- 
out being entered, and consequently without paying 
any impost or duty, beyond this our jurisdiction and 
government to New England, Virginia and other 
parts, whereby the granted and accorded revenues of 
our Lords Majors are seriously diminished, also, by 
the Importation of some English Wares and Mer- 
chandizes in return, which being oftentimes entered 
at half the value. We and, in us, the Lords Majors 
are defrauded both in the Import duties on the 
English Wares and Merchandizes and the Export 
duties on the Beavers and Peltries sent away in 
exchange for them ; Moreover, the Wares and Mer- 
chandizes of our good an d dear Inhabitants, Merchants, 
Factors and Traders, who pay or have paid fair and 
just duties thereupon in Fatherland, or here at our 
9 



66 



LAWS OF 



Merchan- 
dise to be 
entered. 



Merchants 

to exhibit 

their Books 

and 

Accounts, 

when 

required. 



Penalty. 



Pnra not to 
be exported 



Oouuting house, are hereby grossly injured, trade and 
commerce corrupted, and We defrauded and wronged 
in our Eeveimes and Incomes, wherein being desirous 
to provide as far as it is possible for us and in our 
power, 

AVe, the abovementioned Director General and 
Council do, therefore, most emphatically Ordain, 
order and command both our own Subjects and 
Strangers and persons coming here from without, 
that no one of them shall presume to sell, barter, 
trade, remove, ship or export, directly or indirectly, 
any Wares or Merchandizes of what nature or quality 
soever they may be, within our Government as well 
here in New Netlierland as at the Islands of Curacao 
and elsewhere, without first due entry be made of 
such Merchandizes, their quantity, quality and value 
and the same i>resented to us or our agents ; which 
being done, it shall be lawful for all and every, both 
Strangers and Inhabitants, to dispose of, sell and 
part with their Wares and Merchandizes in the usual 
course of trade to anyone, according as it shall be 
expedient or profitable to the Owners or Sellers ; 
provided that the seller remain bound, whenever it 
pleases us, to shew on his book or account, to whom 
they have been sold or what goods have been bartered 
for them, so that after delivery and returns in lieu of 
payment, the proper Duties and Imposts may be 
faithfully paid and received before leaving the 
country, under the penalty of the confiscation and 
forfeiture of all the concealed Goods and returns 
which may be found in the first instance or after- 
wards, and in addition, a fine of Five hundred 
Oarolus guilders. 

We likewise Ordain, interdict and forbid all per- 
sons, of what Nation or quality soever they may be, 
any Elkhides, Bearskins, Otters, Beavers or other 
Peltries to remove, exchange, export, tranship or to 



NEW NETHERLAND. 67 

transfer from one Vessel into another or to land, either 
directly or indirectly, under any pretext whatsoever, 
unless first of all such Elkhides, Bearskins, Otters, vmi 

' '^ ' ' entered. 

Beavers and other Peltries are efttered with us, or 
our deputy, without fraud and delay, as to their 
quantity, either here at the Manhattans, or at the 
place where they have been bartered, negotiated and 
traded, or at least on the first opportunity where "We 
have stationed our Commissary, or Resident and 
Deputy, on pain of the confiscation and forfeiture of penalty, 
all the Peltries, with the Goods and Merchandizes 
therewith which afterwards shall be found smuggled 
or concealed. 

And in order that all Frauds and Smuggling may 
be at once prevented and stopped, It is further by 
Us, the Director General and Council, hereby Or- 
dained, enacted and decreed, that from now hence- 
forth, or at least after the sending away of the 
Peltries which are to go in the Ship Princess, alH 
Elkhides, Bearskins, Otters, Beavers, and all other ^"^^.tobe 

' ' ' ' marked by 

furs shall be marked and stamped with a certain omcer"'" 
mark thereto ordered or yet to be established, by 
some person here in Neiv Amsterdam, to be sworn for 
that purpose on the behalf of the Lords Majors, in 
order at the proper time that the regular duty may 
be received, or caused to be received, on such Bear- Anithe 

' ' Duty there- 

skins, Elkhides, Deerskins, Otters, Beavers and other °°p*"^ 

Peltries, so that they may be carried and exported 

hence elsewhere beyond or within our Government, 

to Netu England or towards the Swedes at tlie South, 

to Virginia or to Fatherland; under penalty of confis- penalty. 

cation of all Beavers, Otters, Bearskins, Elkhides, 

Deer and Eox skins, which shall be found here or 

hereafter in Fatherland unmarked and unstamped. 

Moreover, for the further prevention of all sorts of 

Smuggling, inasmuch as the duty is not and cannrffc 

be actually paid in Beavers, all Merchants, Factors, 



68 LAWS OF 

Merchants Peddlers, Traders or other commercial persons, 

Swh?m'^' •whether Inhabitants or Foreigners, are charged and 

sold Furs, commanded by Us, to show pertinently or whenever 

it shall be our picture, by their accounts and books 

to whom they have trucked and traded such marked 

and stamped Beavers, Otters, Bearskins, Deerskins 

and other Peltries, under the penalty that the last 

Penalty. reccivcr and purchaser thereof remaining here in 

default or neglect, shall pay a double duty on the 

Eurs which are missed or not entered on his books; 

and within three days after the departure of the Ship 

Aupureto Princess all Merchants, Traders and Inhabitants at 

be entered 

wthin three ^jjg Manhattans, shall duly enter their remaining 
Beavers, Otters and other Peltries, and have them 

Penalty. marked, on pain of incurring the Confiscation and 
Fine aforesaid. 

Thus done and enacted in Council at Fort Amster- 
dam in Neiv Netherland the 4th July, A° 1647, New 
style. Present : The Hon. Director General, the Hon. 
Dinclclage, the Hon. Ex-Director, Mr. La Montagne, 
Capt. lieut. Nuton, Commander Looper, Jan Claes"^ 
Bol, captain of the Princess, and Naval OflBcer, Mr. 
Paulus Leendersen. 



Note. — The preceding Law was disapproved in Holland, as appears 
by the following observations of the Directors of the Company at 
Amsterdam to Director Stuyvesant : 

27 January, 1649. " We observe that your Honor has undertaken 
to visit the stores of some Merchants with a view to discover Smug- 
gling ; likewise to examine their Books. All these things are, in our 
opinion, of grave consequence and directly contrary to the course of 
Free Trade, which provisionally is granted by this Chamber to all 
Traders, for the reason that this Chamber is as yet unable to retain the 
trade to itself, but must content itself with the Duty, for the present, 
until more favorable circumstances." N. Y. Col. MiSS., XI. 14. 

16 February, 1650. "What we shall remark respecting Edicts and 
Resolutions which are sometimes difficult of execution, refers solely 
to what we have once before observed to you in regard to examining 
the Books of some Merchants. Hardenbergh hath already complained 
of.it, and this argument was greatly strengthened by the information 
of the Delegates who have set forth in plain terms in their Remon- 
strance, that Edicts have been posted up, whereby your Honor main- 



NEW NETHERLAND. 69 

tains that all Merchants' Books must at all times be open to you and 
your Council. This, we must acknowledge, was never customary in 
Christendom, nor ought it to be the custom. But as no copy thereof 
has yet reached us, we shall not at present admit it further than your 
own confession in regard to Arnoldus van Hardenberch, and the good 
intention respecting the frauds committed in the measurement of 
Duffels sold to divers parties.'^. Y. Col. MSS. IX. 18. Tb. 



ORDINANCE 

Of the Director and Council of New Netherland, imposing an Excise 

on Wines and Spirituous Liquors. Passed 4 July, 1647. 

[N. T. Col. MSS. rv. 303.] 

Petktjs Stutyesant, Director General of Netv 
Netherland, Curacao, and the Islands thereof, and the 
Hon"^ Council, 

To all those who shall see these Presents, or hear 
thera read. Greeting. 

Whbkeas the fortress Netv Amsterdam is now for Preamwe. 
some time past, during the War, greatly decayed, 
and the walls daily leaped over and more and more 
trodden under foot by Men and Cattle, which tends 
not only to the disrepute of our Sovereign and High 
authority, the contempt, yea disgrace of this State 
by others our ^Neighbors, whether English, French, 
Swedes, yea even by the Indians and Heathens, but 
also to the reproach of Us and our good Inhabitants, 
and is most perilous and dangerous in time of attack, 
or of defence against all foreign enemies ; Therefore, 
We, the Director General and Council intending, 
pursuant to the Order of the Hon""* Lords Majors, to p^iy°c^ 
put the Fort into proper repair; to complete the ^°"^ 
Church, at which we are already engaged ; to erect 
a Pier for the convenience of the Merchants and 
Citizens ; to construct a Sheet-piling to prevent the 
abrasion by the river in front of this city of Amster- 
dam, all which being useful and highly necessary, 
public and general works, requiring a considerable 



70 



LAWS OF 



Excise 
established, 



On Wifte, 
Braudy, &c. 



Proviso. 



Permit to 
be obtained. 



Fee for 
permits. 



Quantity 
of Wine 
and Liquors 
sold, to be 
reported. 



sum of money, both to procure tbe materials, and 
to pay the workmen, therefore for facilitating and 
rendering more easy the same. We have resolved to 
ordain and establish a reasonable Excise and impost 
on the Wine, Brandy and Liquors which are imported 
from abroad. 

And we do hereby Ordain and enact that all 
Tavern keepers and Eetailers of Spanish Wine, 
Brandy and Liquors shall pay an Excise of two 
stivers per pot ; of French Wine, one stiver ; that is 
on each anker of Spanish Wine, Brandy and Liquor, 
three guilders, four stivers ; of French Wine, one 
guilder, twelve stivers, the large vessels in propor- 
tion ; In like manner also, all Skippers, Factors and 
Scots who will transport or sell such Wine, Brandy, 
or Liquors elsewhere within our government, shall 
pay the same Excise ; • with this understanding, 
nevertheless, that. the Merchant, Burgher, Farmer, 
and other our good Inhabitants (the Tapster and 
retailer by the large and small measure alone 
excepted) shall be at liberty to lay in their houses, 
dwellings, and places of abode, by the large and 
small cask, for their private consumption, on the 
same terms as those who purchased of the Merchant-, 
Factor, or Trader, in order to sell again ; provided 
only that the Burgher and other good Inhabitants 
remain bound to obtain a Permit from our appointed 
Officer, Eeceiver or Collector, before he lay in or 
store the Wine in the cellar, and to pay therefor six 
stivers per anker of French Wine and 12 stivers per 
anker of Brandy or Spanish Wine ; larger measures 
in proportion. 

In order to prevent fraud and Smuggling the seller 
shall remain bound to enter with the Eeceiver Gen- 
eral or Collector the quantity and quality of the sold 
Wines and Liquors before delivery. In like manner 
the purchaser is ordered and commanded not to 



NEW NETHERLAND. 71 

receive, ship, export nor store any Wines without Nouquora 

•^ to be expor- 

having first obtained a proper permit from the L^ermu?"' 
Eeceiver or Collector, and exhibited it to the OfiScer, 
on pain of forfeiting such Wines and Five Hundred 
guilders additional, to be applied one third for the Penalty. 
Company, one third for the Church, one third for 
the Fiscal or the Complainant and Informer. 

Thus done and enacted in Council in Fort Amster- 
dam. Present, the Hou'^'« General P' Stmjvcsant, the 
late Director W. Kieft, Mr. Dincldage, Mr. La Mon- 
tague, Captain Lieutenant Nemvton, Commander 
Jacob Lojper, Paulus Leendersen, Naval Officer, and 
Jan Claesz Bol, the 4. July, A" 1647. 



ORDINANCE 

Of the Director and Council of New Notherland respecting Large and 

Small ships and Smuggling. Passed 4 Juhj, 1G47. 

[N. T. Col. MSS. IV. 3M ; XVI. 7.] 

The Hon"^" Director General and Council of New 
Netherland, Curacao, and the Islands thereof, residing 
in Neiv Netlierland, on the behalf of their High 
Mightinesses the Lords States General of the United 
Netherlands, his Highness of Orange and the Hon"® 
Directors of the Incorporated West India Company, 
do hereby Ordain and enact: 

1. That all private Yachts, Barks, Ketches, Sloops JjJfJJ^^*'. 
and Boats under Fifty lasts, whether Dutch, English, S?Sf° ' 
French, Swedish or other, desiring to anchor under 
the Manhattans, shall not seek for, nor have any other 
roadstead than in front of the City New Amsterdam, 
between Capslce Point and the Guide-board near the 
City Tavern, under a fine of Fifty Carolus guilders penalty ar 

•' »/ o anchoring 

for the first time after they have been notified, and «is«wiiere. 
the large Ships may anchor between the said Point 



72 



LAWS OF 



Veesela on 
arriving to 
be visited, 
and goods 
to be 
lii&pocted 
betore 
discharged. 



No vessels 
to discliarge 
or loac? 
after Sunset- 
or before 
bunrise. 



Penalty. 



No Vessels 
to depart 
without 
being 
Inspected 
and giving 
previous 
notice. 



Penalty. 

No Skip- 
pers to take 
passengers 
out of the 
country 
without 
a Pass. 



Penalty. 



and the Second Guide Board, which stands on the 
way down towards the S^nith's valley. 

2. No Skippers, Merchants, Traders, nor ships on 
their first arrived, will be allowed to land, remove, 
transport or tranship any Merchandizes or Wares on 
shore until the arrived vessels are visited and the 
goods entered with the Hon"^ General, or his deputy. 

3. After Sunset and before Sunrise, no Ships can 
discharge or load, or send off or receive, any boats 
with Goods or Merchandize, except to convey one of 
the Oflficers on board or ashore, which must be done 
in the evening before the ringing of the Farmers' bell 
and in the morning after Eeveille, and from no other 
place than in front of, and about the office (logie), on 
pain of forfeiting all wares and merchandizes then 
found in the boat, and One pound Flemish additional. 

4. No Ships, great or small, shall be allowed to 
depart without being first visited, and twelve hours' 
previous notice having been given to, and proper 
clearance received from the Hon"'® General or his 
deputy, under a penalty of One hundred guilders. 

5. No Skippers, Traders, nor anyone on board the 
ship, shall be permitted to conceal, carry away or 
transport out of the district of Our government any 
of the Company's servants, free traders or inhabitants 
of Neiv Netlierland, of what nation or quality soever 
they may be, without a proper Pass and handwriting 
signed by the Director, or his deputy, under a fine of 
Sis hundred guilders. 

Thus done in Council in Fort Amsterdam. Present : 
the Hon"'® General Fetrus Stuyvesant, the late Director 
William Kieft, Mr. Dincldage, Mr. La Montange, Cap- 
tain lieutenant Nuton, Jacob Loper, Naval oflScer 
Fauliis Leendersen, and Jan Claess Bol, captain of 
the Princess, the 4 July, A" 1647, in Neiv Netlierland. 



NEW NETHERLAND. 73 

OBDIISrANCE 

Of the Director and Council of New Netherland, imposing an Export 

Duty on Furs. Passed 23 July, 1647. 

[N. Y. Col. MSS. IV. 330.] 

Whereas for some years past all Free traders here Proambio. 
in New Netlierland have paid a duty on all Peltries 
purchased and bartered by them here and exported, 
as ships offered, to Fatherland, the Council have, 
therefore, considered it highly necessary to establish 
a fixed Duty, so that each may know what impost 
he has to pay ; WTierefore it is Eesolved that the 
Duty shall be computed : On every exported Beaver- j^sSf °" 
skin shall be paid, Fifteen stivers ; two halves for 
one whole, and three Drielings* for two whole 
Beavers ; each Otter and Beaverskin, Fifteen stivers; 
each Elkhide, Fifteen stivers, and the other furs of 
less value, in proportion. 

Thus done in Council, Present, the Hon*'^ D" Gen- 
eral Petrus Stuyvesandt, the Hon'''® William Kieft, late 
director, Mr. La Montagne, Lieutenant Nuton, Naval 
ofBcer Paulus Leendersen, and Jan Claesen Bol. The 
23'» July A" 1647. 

« Drieling — somewhat less than a half. Vanderkemp. 



10 



74 



LAWS OF 



ORDINANCE 



Preamble. 



Surveyors 
of streets 
appointed. 



Their 
powers. 



No person 
to build 
without 
their 
knowledge. 



Penalty. 



Proprietors 
of vacant 
lots to build 
thereon, 



On pain of 
forfeiture. 



Of the Director and Council of New Netlaerland regulating Buildings 

in the city of New Amsterdam. Passed 25 July, 1647. 

[N. Y. Col. MSS. rv. 334 ; XVI. 9.] 

Whereas we see and remark by experience the 
irregularity heretofore and still daily observed in 
building and erecting of Houses ; in extending of 
Lois far beyond the survey line ; in setting up Hog 
pens and Privies on the highways and streets; in 
neglecting and omitting duly to build on granted 
and conceded lots ; the Hon*"^ Director General 
Petrus Stuyvesandt and the Hon'''® Council, in order 
to prevent the same in future, have Eesolved to 
appoint three Street surveyors (Boymeesters) to wit, 
the Hon*"® Liibiert van Dincklage, the Naval OflScer 
Paulns Leendersen, and the Secretary Cornells van 
Tienhoven, whom we hereby authorize and empower 
to condemn and in future to stop all unsightly and 
irregular Buildings, Fences, Palisades, Posts, Eails, 
etc. Therefore, we Order and warn all and every of 
our Subjects, who from now henceforth are inclined 
to build on, or inclose any Gardens or Lots within or 
near the city New Amsterdam, not to proceed in the 
erection or construction thereof without the previous 
knowledge of, speaking to and survey by the afore- 
said appointed Street Surveyors, under a fine of 25 
Carolus guilders and the abatement of what they 
have built or set up. In like manner, we will have 
all and every who have heretofore received any lots, 
warned and notified to build within Nine months 
from this date, regular, good and decent houses on 
their lots, according to law, or in default thereof, 
such unimproved Lots shall be forfeit to the Patroon 
or Lord proprietor, or shall be conveyed to whom- 
soever he pleases. 



NEW NETHERLAND. 75 

Thus done in Council in Fort Amsterdam, Present 
the Hon"'* Director Kieft (sic) M' DincMage, Mr. La 
Montagne, Lieutenant Nuton, Patiltis Leendersen 
Naval Officer, and Jan Claesz. Boll. 25 July A° 1647. 



ORDINANCE 

Of the Director and Council of New Netlierland establishing a Board 

of Nine Men. Passed 25 September, 1647. 

[N. Y. Col. MSS. IV. 334.] 

Petkus Stuyvesai^t, on behalf of the High and 
Mighty Lords States General, his Serene Highness 
the Prince of Orange and the Hon*"" Directors of the 
General Incorporated West India Company of the 
United Netherlands, Director general of New Nether- 
land and the Curacao islands, Captain and Commander 
in Chief of the said Company's Ships and Yachts in 
this Northern part of America; together with the 
Hon"'* Council. 

To all those who shall read, or hear these Presehts 
read. Greeting: 

Whbeeas We, pursuant to Our Commission and Preamwe. 
general Instruction, desire, wish or require nothing 
else but that this government of Neiv Netlierland 
entrusted to Us, and especially this Our Capital and 
residence. New Amsterdam, may grow and advance 
in good order, justice, police, population, prosperity 
and mutual peace and improvement; be provided and 
famished with a proper and strong Fort, a Church, 
School, Sheet- piling, Pier and similar highly necessary 
public and common works and buildings, whereunto 
We, in pursuance of bur concurrent Instruction, are 
commanded to solicit the cooperation of the Com- 
monalty, as such concerns their own welfare and 
defence, and is customary in all well ordered Govern- 
ments, Colonies and Places; Yet, however, being 



76 LAWS OF 

disinclined to burthen and oppress, by virtue of our 
granted Commission and Instruction, tbe good and 
peaceable Commonalty, our dear Vassals and Subjects, 
by exactions, impositions and intolerable taxes, but 
rather to induce and solicit them, by a more reason- 
able manner of consent, to lend a helping hand in 
such honorable and most necessary works; And 
whereas it is difficult to bring so many heads under 
one capoch, or so many votes into one voice. We have, 
by the advice of our Council, heretofore proposed 
and submitted to the Commonalty that they, without 
passion or hatred or envy, select twice the number 
Boardof^ of Nine persons from the most notable, most reason- 
to be chosen, able, most honorable and most respectable of our 
Subjects, in order that a single number of Nine per- 
sons may be chosen and appointed from them to 
confer, as Selectmen, with us and our Council, on the 
subject of such approval and cooperative means, and 
to assist, to the best of their knowledge and informa- 
tion, in promoting and forwarding the welfare both 
of ' the Commonalty and of the Commonwealth ; 
whereunto, then, on the day aforesaid, a double 
number being selected by our dear subjects, the good 
Commonalty, are by Us and our Council therefrom 
chosen, to wit: 
Their From the Merchants — Auqustyn Heerman, Arnoldus 

Names. "^ •' 

van Hardenherch, and Govert Loockermans ; 

From the Burghers — Jan Jansen Damen, Jacob 
Wolphertsen and HendricTc Kip; 

From the Farmers — MacMel Jansen, Jan Evertsen 
Bout and Thomas Hall, as Spokesmen for the Com- 
monalty, who having taken the oath of fidelity to Us 
and the Hon'''^ Coimcil to regulate and govern them- 
selves in conformity to reason and the Orders and 
Instructions yet to be given, are hereby confirmed in 
their abovementioned quality, under the following 
Eules : 



NEW NETHERLAND. 77 

First. That they as good Spokesmen and Agents Thoir^ 
of the Commonalty will aim at, and as far as lies in 
their power, help to promote the honor of God and 
welfare of our dear Fatherland, the greatest advan- 
tage of the Company and the prosperity of the worthy 
Commonalty here, and the advancement of the pure 
Eeformed Eeligion as taught at this day in the 
Church here and in Netherland. 

Second. That they shall not setup and form any Not to how 
private Conventicles and Meetings, much less consul- Meetings. 
tations and resolutions, without the knowledge and 
advice of the Director General and his Council, or 
without his special and particular Order, except only, to meet 
when legally convened and having heard the pro- auu^o^^ed. 
posals of the Hon"'^ Director General and Council, 
they can adjourn and take a recess in order to confer 
with each other upon, and to consider such proposals 
and thereafter to give advice : Provided, nevertheless, Director 

^ General to 

that the Director General retains the power to com- p^S'n't'of 
mission himself or some one of the Council to act as 
President at such our consultations and deliberations, 
to collect the votes and to make a report to the 
Council. 

Third. Whereas in consequence of the increase of increase 

^ of Lawsulia. 

the Inhabitants, Lawsuits and disputes which parties 
bring against each other, are multiplied, and also 
divers questions and quarrels of trifling moment, 
which can be determined and disposed of by Arbi- 
trators, but, in consequence of matters of greater 
importance, frequently remain over and undecided, 
to the prejudice and injury of this place and the good 
people thereof, and also to the great expence, loss of 
time and vexation of the contending parties, three J^^fj^^^** 
out of those chosen shall have access once a week, tSe^w^eliy 
on Thursday, the usual Burgher Court day, to our 
general Council as long as civil cases are before the 
Court in order to obtain a knowledge of the cases 



78 



LAWS OF 



In rotation, 
and 



To act as 
Beferees. 



Appeals. 



Their 
Successors, 
how to be 
appointed. 



Time for 

nominating 

them. 



and parties who might be referred to them as Arbitra- 
tors and Good Men ; to wit, one from the Merchants ; 
one from the Burghers ; one from the Farmers, which 
shall regularly rotate every month. And if one of 
them be indisposed or absent, he may subordinate 
another of the elected in his place; And parties 
referred by the Council to them as Arbitrators and 
Good Men and being judged shall remain bound to 
submit without opposition to the pronounced decision, 
or in default thereof be fined One pound Flemish for 
the first time, to be paid before the aggrieved party 
can appeal, or obtain a hearing before our Council 
from the decision of the Good Men. 

Fourth. The number of the Mne elected Select Men 
shall continue until further Order and circumstances, 
saving that Six shall retire annually, and 12 picked 
out from the most qualified Inhabitants, which names 
shall be returned to us by the Nine Men assembled 
collegialiter without its being necessary to convene 
the entire Commonalty hereafter, which Meeting 
shall take place on the last of December following 
the next New Year's day and so every year after- 
wards. 

Thus done and enacted in Council, 25 September 
A° 1647. (Signed) P. Stuyvesant, L. Tan Dincldage, 
La Montagne, Brian Newton, Paulus Leendersen van 
die Grift and A. Keyser. 



NEW NETHERLAND. 79 

ORDINANCE 

Of the Director and Council of New Netherland providing for the 

Completion of Fort New Amsterdam. Passed 22 Novemher, 1647. 

[N. T. Col. MSS. IV. 352.] 

Whereas Fort New Amsterdam is entirely out of preamwc 
repair, and it is liighly necessary that it be placed at 
the earliest and most convenient opportunity in a 
thorough and complete state of defense, in order, 
therefore, to the speeds'^ and diligent consummation 
of that noble work, which not only tends to the 
reputation of this Province but also affords a safe 
asylum to the Inhabitants of this place in time of 
danger (which God avert). We, the Director General 
and Council of New Netherland, have deemed it 
proper and highly necessary, in pursuance, also, of 
an order of the Hon*'' Directors thereunto, to request 
the Commonalty to lend a helping hand to this 
laudable work, prized by all Nations, and in order 
that the Commonalty may not bo aggrieved by ^'t'^^i^i'g 
heavy and intolerable burthens. We have judged it wirk"" 

twelve days 

to be the best means of all, that every Male person tSSTon.'"' 
from 16 to 60 years, shall each for himself work 
twelve days in the year at the said Fort, or whoever 
finds it inconvenient to perform such labor, shall be f^empuon. 
exempt therefrom on payment of two Guilders for 
each day. 



80 LAWS OF 



RESOLUTION 

Of the Director and Council of New Netherland respecting loose 

Wampum. Passed 30 November, 1647. 

[N. T. Col. MSS. rv". 352.] 

wampumto Kesolved and concluded in Council at Fort Am- 

be current, sterdttm, that, until further Order, the loose Wampum 

shall continue current and in circulation ; only that 

^mperfcct in the meanwhile, all imperfect, broken and unpierced 

Muon? beads can be picked out, which are declared Bullion, 

and shall, meantime, be received at the Company's 

counting house as heretofore. Provided that the 

. Company, or anyone on its part, shall, in return, be 

at liberty to trade therewith among the Merchants 

or other Inhabitants, or in larger parcels as may be 

agreed upon and stipulated by any individual, or on 

Isehalf of the Company. 



ORDINANCE 

Of the Director and Council of New Netherland forbidding Brewers 
to retail, and Tavern keepers to manufacture Beer. Passed 12 
January, 164S. 

[N. T. Col. MSS. rv. 356; XVI. 10.] 

Preamble. The Director au d Council of New Netherland h avin g 
observed that there are, in and around the city of 
New Amsterdam, Brewers who tap and sell by retail, 
whence it may arise and happen that the Beer when 
brewed and thus retailed is not duly entered nor the 
legal excise thereon paid, Therefore, the said Director 

BKwcrejiot General and Council, in conformity to the rule and 

by retail. customs of Holland, forbid, as they do hereby, all 
who brew in and around this citj^ from tapping, 
retailing or selling Beer by the can or glass, and all 

Dot to brow Tapsters from brewing or allowing others to brew for 



NEW NETHERLAND. 81 

them, ou paiu of forfeiting all such Beer as shall be penalty. 
found on such Brewers' or Tapsters' premises, and in 
addition, of being excluded from trade during 
mouths. 
Thus done the 12 January, A° 1G48. 



RESOLUTION 

Of the Director and Council of New Nethcrland opening the Trade to 
Brazil and Angola, and authorizing the Importation of Slaves into 
New Netherland. Passed 20 January, 1648. 
[N. Y. Col. Doc. I, 215.] 

Resolved, that private Inhabitants of New Nether- Trade to 

' -^ Brazil and 

land shall be allowed to export their Country produce wen?dto 
under suitable duty, in their own or chartered Ships, ''^"^■ 
to Brazil and Angola, on these following conditions : 
First, that the aforesaid ships, when in Brazil, shall conditiona. 
not be at liberty to return back with Sugars to New 
Netherland aforesaid, but shall let themselves be 
chartered directly hither. Secondly, that the permit 
to proceed to Angola abovementioned shall be granted 
only provisionally, and that for the time that the 
dispensation shall continue in regard to the transpor- slaves to ba 
tation of Slaves, which was accorded on Thursday ^'^ata. 
last. Thirdly, that those willing to go to Angola, 
shall, previous to their departure from Netv Nether- 
land, take out a commission and permit from here, 
and also give security similar to all other private 
persons sailing from this country. 

Note. — The Directors at Amsterdam communicating the above 
resolution to Director Stuyvesant on the 7 April, 1648, wrote as follows : 

" It is provisionally resolved (by the States General) that all Colo- 
nists of the country there, shall be at liberty to convey from thence in 
their own, or chartered Ships, their produce of Flour, Fish, Beef, 
Peas and Beans, and all other articles, to Brazil and Angola; that 
said ships shall be privileged to receive freight again for these coun- 
tries ; but that such as have completed their trade in Angola, may 
carry Negroes to your place to be employed in the cultivation of the 
11 



82 



LAWS OF 



SoO. By this Resolution you will perceive that you are at liberty to 
send one ship with all sorts of provisions to Angola, to convey, in 
return, Negroes thither. Please, therefore, seize on this opportunity 
as soon as possible, with tlie provisions which, you say^you will have 
remaining." N. Y. Col. MSK XI. 12. 

I do not find any minute of such a ship, or of any vessel having 
been sent to Africa from JVem Netherland, in consequence of the 
above resolution and instruction. Te. 



Preamble. 



ORDINANCE 

Of the Director and Council of New Netherland prohibiting Wooden 
Chimneys, and appointing Firewardens in New Amsterdam. Passed 
i January, 1G48. 

[N. T. Col. MSS. IV. 357 ; XVI. 10.] 

The Hon"" Director General of New Netherland, 
Curacao and the Islands thereof, and the Hon*"* 
Council having by experience seen and observed that 
some careless people neglect to keep their Chimneys 
clean by sweeping, and do not pay attention to their 
fires, whereby recently two Houses were burned and 
greater damage is to be expected in future from fire, 
the rather as the houses here in Neiv Amsterdam are 
for the most part built of Wood and thatched with 
Eeed, besides which the Chimneys of some of the 
houses are of wood, which also is most dangerous ; 
Therefore the Hon''"' General and Council aforesaid 
have considered it proper and most expedient to 
provide herein, wherefore the said Hon"' General and 
Council Ordain, enact and command as they hereby 
do, that from now henceforward no Chimneys shall 
be built of wood or [lath and] plaister in any houses 
between th.e Fort and the Fresh Water, but those 
already erected may remain until further order and 
pleasure of the Firewardens ; and in order that the 
foregoing shall be well observed, to that end are 

appolSted."^ appointed as Firewardens — from the Hon''"' Council, 
Commissary Adriaen d'Keyser; from the Commonalty, 

DamL. Thomas Hall, Marten Crigier and George Wolsey, 



Chimneys 
of wood 
probibiled. 



NEW NETHERLAND. 83 

with power at their pleasure to see if the Chimneys Their^^ 
in all houses situate and standing within this city 
every where around, between this Fort and the 
Fresh Water, are kept well cleaned by sweeping, and 
if anyone be found negligent he shall, every time 
the Firewardens aforesaid examine and find thq 
Chimneys foul, pay them forthwith, without any 
contradiction, a fine of three Guilders for every flue i?*",^'^f 
found on examination to be dirty, to be expended for '•"'""'J'^- 
Fire ladders, Hooks and Buckets which shall be Ji'^^'tobe 
Ijrocured and provided at the earliest and most "p'"'^'*- 
convenient opportunity, and if any one's house be 
burned, or be the cause of fire, either through negli- 
gence or by his own fire, he shall forfeit 25 florins to 
be applied as above. 

Thus done and enacted in Fort Amsterdam in Neiv 
Netherland, the 23d January, A" 1648.* Published. 



ORDINANCE 

Of the Director and Council of New Netherland further regulating 
the Fur trade and imposing a Duty on Exported Furs. Passed 29 
January, A° 1648. 

[N. T. Col. MSS.IV. S39.] 

It is unanimouslj- considered in Council proper and 
advantageous, most serviceable, expedient and profi- 
table for the Hon. West India Company, and also for 
the better prevention of Smuggling, to mark the 
Beavers, Bearskins, Otters and Elkhides with the f„X!her 
Company's mark so soon as they will be brought here mariied,^ 
from other.piaces; provided that whoever shall have 
the Beavers stamped, shall be responsible for the duty. 

Likewise, all Merchants and Traders shall remain ^JJ^^^, 
bound to enter all Peltries, bartered, trucked or 
purchased either from Heathens or Christians, with 
the Comnii.ssaries of the Company either at or about 

<•■ Iq the copy of this Ordinance in Vol. 16, the date is 28 January, 1648. 



ouFuis. 



84 LAWS OP 

Fort Orange, Fort Nassau & the Mouse the Hope, and 
to bring with them a certificate thereof signed by the 
Commissary. Further, all other Peltries which may 
be traded or bought on the way hither between [the 
Manhattans and] Fort Orange or the South river or 
at^ny other quarter where there are no Commissaries 
of the Company, must be entered by the Owner, 
immediafely on arriving in the roadstead here before 
the Port, or if anyone shall be found to have acted 
otherwise, the Peltries which may then be discovered 

Penalty. shall be held and declared confiscable. The Trader 
shall enter with the Eeceiver the Peltries which are 
procured on the Island of Manhattan or elsewhere in 
its vicinity from the Natives or others, three days 
after he has traded or bought them, on pain of 
confiscation. 

gjg?"* There must be paid, from this day forward, and 

until further order -and circumstances, at the Com- 
pany's counting house as duty, for every whole Beaver 
15 stivers; for one Otter 15 stivers; for one Bearskin 
15 stivers ; an Elkhide 15 stivers ; for each Deerskin 
5 stivers; a coat of Eaccoon, Wild Oat and of 
Fisher's skins, 15 stivers each ; 10 single skins counted 
for one coat also 15 stivers, and all that from the 
Peltries which are entered for exportation. 

Thus done and enacted the 29"' January, A° 1648, 
in New Amsterdam. 

Note. — 1649, January 22. The Directors at Amsterdam in a dispatch 
to Director Stuyvesant of this date, express their "surprise tliat he 
has somewhat altered the Duty on Exported Peltries ; receiving for 
the Beavers, Otters, Bearskins and Ellchides each |^ece, 15 stivers ; 
and for the Deerskins 5 stivers, for which 8 per cent was received 
before. It is our opinion," they add, "that it had been better not to 
have done so. No good can come of changing all those Kesolutiona 
without tlie knowledge of the Assembly of the XIX. Circumstancea 
do not warrant the taxing of these Goods higher than before, the 
rather as Beaver which people were accustomed to buy for 8 @ 9 
florins, are now sold for 6, 7 and 8 florins, according to quaUty." N. Y. 
Col. MS3.S.1. 14. See Ordinance of 4 September, 1652, in which the 
Duty is reduced. Tb. 



NEW NETHERLAND. 85 



ORDINANCE 

Of the Director and Council of New Netherland against Goats and 
Hogs running at large in New Amsterdam. Passed 10 March, 1648. 
[N. T. Col. MSS. IV. 366 ; XVI. 14.] 

Whereas the Hon*"' Director General and Council Preamwe. 
of Neiv Netherland have daily seen and remarked 
that the Goats and Hogs here around Fort Amsterdam 
daily commit great damage in Orchards, Gardens 
and other improvements, whereby it follows not only 
that the planting of beautiful Orchards and Gardens 
are prevented, but considerable damage is done to 
Individuals. Therefore the Hon"'^ Director General 
and Council, willing to provide herein, do, from this 
time forward, Ordain and Enact that no Goats nor Goauand 

Hogs not to 

Hogs shall be pastured or kept between the fortifi- far°gfwithin 

cation of New Amsterdam (or its vicinity) and the AlZta-aam. 

Fresh Water, except within each its own inclosure, 

and that so well constructed that the Goats do not 

leap over it, and commit damage on any person ; 

Also, Goats beyond the Fresh Water shall not be 

pastured without a Herdsman and Keeper, on pain 

of having the Goats found at large on this side of 

the Fresh Water, or without a Herdsman or Keepei?' Goats near 

the city to 

beyond it, taken up by the Fiscal and declared forfeit te herded. 
by the Hon"^ Director General and Council. Let 
every one be warned hereby and take heed against 
loss. , 

Thus done in Council at Fort Amsterdam in New 
Netherland, the 10*" March, A" 1648. 

Note.— Another copy of the above Ordinance is in Vol. 4: 372, 
dated 16 March, 1648. Tr. 



86 LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland for tlie resrulation of 
Trade and Navigation ; the establishment of a weekly Market and 
an annual Fair-, and declaring the East river free to all nations. 
Passed 10 March, 1648. 

[N. T. Col. MSS. IV. 3S0.] 

Petkus Stutvesant on behalf of tlie High and 
Mighty Lords States General of the United Nether- 
lands, his Highness of Orange and the Hon"'* Directors 
of the Incorporated West India Company, Director 
General of New Netherland, Curacao, and the Islands 
thereof, together with the Hon"'' Coniicil. 

To all those who shall see these Presents, or hear 
them read, Greeting, 
proambio. Whereas Wc, pursHant to the good intention and 
order of the aforesaid High and Mighty Lords States 
General, his Serene Highness and the Hon''"' Directors, 
would not witness nor promote any thing more readily 
than the prosperous increase and peopling of this 
Province of Nexv Netherland, and the general good 
and welfare of the worthy Inhabitants thereof, 
whereunto' first of all are required sound Laws and 
Ordinances as well in the matters of Trade, Naviga- 
tion, Building, as of Municipal government and local 
regulations. Therefore, We having taken and still 
taking into more serious consideration and delibera- 
tion the Petition and written Eemoustrance of the 
Nine elected Selectmen, our good and dear subjects, 
wherein they represent, and by sorrowful experience 
verify the daily decline and violation of Trade and 
IS'avigation, proceeding for the most part from the 
underselling, frauds, smuggling perpetrated by 
the one against the other, principally by such as 
take little or no interest in this new growing Province 
and feel little concern and care for its prosperity and 
welfare, and therefore, do not benefit it either by 



NEW NETIIERLAND. 87 

Bouweries or Bniklings, but solely applying them- 
selves, with small capital and cargoes, (for wliicli 
tbey Lire for a brief period only one room or honse) 
to the Beaver and Far trade, and having traded and 
trucked said peltries from the good Inhabitants, or the 
Natives sufficiently high beyond their value, have 
recourse to all sorts of naeans, by night and at 
unseasonable hours, to convey them secretly out of 
the Country, or to the North, without paying the 
l)roper duty thereon, and having enriched themselves 
by these and other illicit i)rac(ices and means, they 
take their departure and go back home without con- 
ferring or bestowing any benefit on this Province or 
the Inhabitants thereof. By this underselling and 
fraudulent trade, the Wares and Merchandizes of 
others who, by means of Bouweries or with hand- 
some Buildings in regard to this place, interest 
themselves in the Country, are depreciated and . 
remain unsold to their great loss and damage. 
Wishing as far as in our power lies, to remedy and 
prevent the aforesaid, in order to the establishment 
of a more stable course of Commerce and mutual 
Trade, for the greater advantage of the oldest and 
interested Inhabitants and to promote the prosperity 
and increase of this place, New Amsterdam, We the 
abovementioned Director and Council do. Therefore, 
hereby Ordain and enact on the subject of Trade as 
follows : 

That no person shall henceforward be allowed to ^||^'J^'"«" 
keep a public or private Shop on shore, in cellar or 
garret, or to carry on any Trade by the small weight 
and measure within our Government in the Province 
of Neiv Netherland, except our good and dear Inhab- 
itants who, before they have taken the Oath of 
Allegiance, own real estate {sijn gehinjsien gehooft) at '^l^^,^^^g 
least to the amount of two to three thousand guilders nJeana"'' 
and have promised to reside, or at least to keep fire 



88 



LAWS OF 



Actual 
Betail Store- 
keepers 
excepted, 



Who are to 
remain four 
years in the 
Country, 
and 



To use 

Dutch 

Weights 

and 

Measures. 



Penalty. 



Foreign 
Mercbant^i 
permitted to 
sell their 
Goods on 
board their 
ships by 
wholesale 
and retail on 
entering the 
same and 

Eaying the 
duties, and 



TIslngDutch 
Weights and 
Heasures. 



and light in their own House, here in the land within 
this Province during four consecutive years ; With 
this exception and reserve however, that those who 
are already sworn and faithful subjects may, although 
not interested to the above amount in the country, 
nor Proprietors of real estate, continue their under- 
taken trade and business for the support of their 
house and family, and purchase "Wares and Merchan- 
dizes in large and small quantities, each according to 
his circumstances and means, from the wholesale 
Merchants and Traders, in order to retail them again 
by the pound and small measure, provided they 
promise and engage to remain four consecutive 
years within this government, or not to depart out 
of it without the knowledge and special consent of 
the Director General in loco, also not to make use, in 
buying and selling, of any other Ell, Weight or 
Measure than the legal Ell, Weight and Measure of 
our name-giver, Old Amsterdam, hitherto in general 
use here, on pain of suspension of business and, in 
addition, a fine of twenty-five Guilders. 

Item. In order to preserve and maintain trade and 
commerce with all new comers, whether Merchants, 
Factors or Scotch from Fatherland and elsewhere ; 
also, with our neighbors of Virginia and Netv Eng- 
land, &c. and to prevent all Monopoly, and the better 
to accommodate the Inhabitant, it is permitted and 
allowed to those persons to supply daily, Sundays 
excepted, the Burgher, Inhabitant and Stranger, with 
goods in large and small quantities from their Ships, 
Yachts and Sloops, pro.vided that the Goods and 
Merchandizes are in the first instance properly 
entered, and the previously enacted and customary 
Duties on what is sold correctly i)aid at the office of 
the Eeceiver, and in the buying and selling no other 
Weight, Measure nor Ell be used than that in use 
here, on the penalty aforesaid. 



NEW NETHERLAND. 89 

In like manner, also, are hereby given and granted ^^^^^^^ 
to the Stranger and Inhabitant, a Weekly Market- fr^iSiTket. 

po f ah 1 i s tiGci 

day, to wit Monday, and annually a Free Market for when 
ten consecutive days, which shall begin on the first 
Monday after Bartholemew's day* New style, corres- 
ponding to the legal Amsterdam Fair, on which 
weekly and annual days the Ifeighbor and Stranger, 
as well as the Inhabitant, are allowed and permitted 
to supply the purchaser from a Booth, by the ell, be"erMtS*^ 
weight and measure, wholesale and retail, according *o7goo&*'^ 
to the demand and circumstances of each, in con- 
formity to the weight, ell and measure as aforesaid, 
and no other. 

With regard to the navigation which is the chief 
means whereby commerce, trade and traflSc are pre- 
served and sustained, the Director General and 
Council are informed and see by experience, that tSS|^'° 
considerable Fraud, Smuggling, abuses' and illegali- 
ties have for sometime past crept in and are taking 
deeper root daily, through the illicit gain by which 
many, being misled, abandon their usual business, 
occupation, employment and trade, and invest all 
their means in one or another vessel, in which they 
not only lodge and board, without conferring any 
benefit on this place, or country, but, under pretext 
ot procuring Maize or other Grain, corrupt, defraud 
and ruin the trade both in Wampum and Peltries with 
the Natives, to the great loss and damage of the 
honest Traders, Merchants and Inhabitants of this 
place, for the redress and prevention whereof the 
Hon"'^ Director General and Council do hereby Ordain 
and Enact, that no person shall henceforth be at 
liberty to frequent, navigate, or trade at the South or Proprietors 
the North Elver, or in any Bays, Kills and Creeks ^^A^,ter- 
situate up and between them, except only the Bur- t?a"de°S)mo 

'^ ' i ^ South and , 

ghers and Inhabitants of this City who possess real s-fvlis. 

*24th of August.— Te. 
12 



90 



LAWS OF 



Traders to 
take out a 
permit and 
clearance, 
and 



To give in 
correct 
returns of 
their 
Cargoes. 



Reserva- 

IIUU. 



Proprietors 
of Real 
Estate in 
JVViy Amster- 
dam only 
allowed to 
build or 
purciiase 
uew Vessels. 



estate therein to tbe aforesaid amount of Two @. Three 
thousand guilders, whereuuto, however, they, pursu- 
ant to an old Ordinance and Cnstom, shall previously 
seek and obtain from the Director General an act and 
commission and at each voyage a clearance, to be 
exhibited to the Commissary and Ofticer there, and 
apply to him again for another to be shown to us or 
our deputy here, on which shall appear and be entered 
the correct quantity and quality of the freighted 
wares and Merchandizes and returns, without con- 
cealing any thing in the least thereof, on jjain of 
confiscation of all concealed Merchandizes and Pel- 
tries in said Ship, Yacht or Sloop whether they be 
shipped and conveyed on private account or on freight. 
We likewise order our Fiscal here, and Commissaries, 
Officers and Servants residing at Forts Orange, 
Nassau and elsewhere, to pay strict and close atten- 
tion to drawing up, examining and exacting of such 
clearances, on pain of dismissal. 

Item. To the intent that these presents be the 
better understood and cleared of all cavil and obscu- 
rities, the Director and Council aforesaid reserve 
unto themselves the power to grant at their will and 
pleasure, for a few months. Commission to trade at 
said Elvers, Streams and trading posts, but only to 
such as are actually sworn Inhabitants and Vassals 
in this place, having taken the Oath of Allegiance and 
entered into bonds to continue under our government 
four consecutive years, although they have not in 
fact invested the aforesaid sum nor own a domicile 
in the Country; provided that they promise and 
engage, in the meantime, to adorn this i)lace with a 
decent and burgherlike building and invest in the 
Country according to their rank and means; but no 
other person shall be permitted or allowed to have 
built or to buy new Yachts, Sloops or Vessels, unless 



NEW NETHERLAND. 91 

he own real estate in the aforesaid city of Neiv 
Amsterdam, below the Fresh Water. 

Item. They reserve unto themselves, in order to f,f1Jll^^^" 
promote greater intercourse and mutual commerce S"S^«- 

u'jjck and 

both between the Golonie Benselaerswijclc and other fn'l^,?'*''^' 
places annexed and snbiect to this Government, to tote"""' 

■^ •' admitted 

admit such Colonic into this civil Exemption and p^'vueges * 
Privilege, for one, two or three Vessels according to 
circumstances and the exigencies of affairs, provided 
that the persons own real estate there or here to the 
amount aforesaid, and remain subject to the regula- 
tiorts previously and herein made and hereafter to be 
enacted. 

The navigation of the East Eiver as well toward f^^^^^^'^ 
this place as toward our allies and neighbors and ^^^^ 
English Virginia, is left open and free as heretofore, 
to all persons of what quality or nation soever they 
may be, on condition that all our Inhabitants, whether 
of this or of other places under our Government, 
shall apply for and obtain a new Commission and 
Permit and correctly enter with the Fiscal, or in his J;j'J"""'«'i 
absence at the Office of the Eeceiver, the Goods and 
Merchandizes which they transport hither and thither; 
and such persons are hereby warned that all Mer- 
chandizes, Wares and Eeturus, without any exception 
but Firewood, Clapboards, Lime aud Stone, which Jf^p^'^^ 
are not entered, shall be liable to confiscation together i,Kand ' 

, ^ . T . T stone. 

with the Boats, Barks, Lighters and Canoes m which 
the same may be found. 

We ordain and enact that the previous Ordinance ^JSTces 
and Eegulation respecting the anchoring of Large '^™'"^''- 
and Small Vessels* being published and posted anew, 
shall be strictly observed, respected and obeyed ; to vessel to 
wit, that no Yachts shall anchor except at the ;,'iigSd. 
appointed anchorage, and not remove thence until Smv™' 
being visited by the Fiscal, they afterwards have ^ithont 

* See supra, p. 71. 



Kx ported 
Goods to 
be entered ; 



tliererroni 
without a 
permit. 



92 



LAWS OP 



No VesBela 
to be 

boarded or 
discharged 
between 
Sunset and 
Sunrise, 



Unless by 

npeclul 

permit. 



receive from the Director, or, in his absence, from 
the Fiscal, a written Permit to discharge elsewhere. 

We do again Ordain and enact,- for the prevention 
of scandalous Smuggling, that no Boats, Barges, 
Yawls nor Canoes shall, in the evening after sunset 
and in the morning before sunrise, go on board of, or 
leave any Vessel, or discharge or land any Goods 
or Merchandizes, under a penalty of one pound 
Flemish, and all Goods and Merchandizes found 
therein, unless a special permit on account of some 
pressing haste and necessity and circumstance, be 
previously asked for and obtained from the Hon"® 
Director, or, in his absence, from the Vice Director or 
Fiscal. 

We also command our Fiscal strictly to enforce 
and execute this our Regulation and Ordinance 
together with the other, after the publication and 
posting thereof, and to proceed against the Oontra- 
veners thereof without any exception, according to 
the tenor of these presents. 

Thus done in Council, the 10 March, A° 1648, in Neiv 
Amsterdam in Neiv Netherland. 



Note. — The Directors at Amsterdam disapproved of some of the 
clauses contained in the preceding Ordinance, which eventually led 
to the establishment of the law of Burgherright : 

" Your Honor proposes that no person ought to carry on any busi- 
ness there, except those who are willing to oblige themselves to 
continue to reside there 3@4 years, and that no person should sell 
any thing there by the small measure, except on the same conditions. 
Also, that no person shall navigate the river with any vessel except 
Burghers who have permanent residences there, and have real estate 
to the amount of 3@4 thousand guilders. 



" We will observe thereon, that we should greatly desire that the 
Company were in such a position as to be able to prevent, according 
to your good intention, all these private extortioners ; but \ve find it 
for the present impracticable. Therefore, your Honor must, in the 
first place, temporize on all these points, until more favorable circum- 
stances." Directors to Stuyvesant, 27 January, 1649. N. Y. Col. MSS. 
XI, 14.— Tb. 



NEW NETHERLAND. 93 



ORDINANCE 

Of the Director and Council of New Netherland regulating Taverns 

in New Amsterdam. Passed 10 March, 1648. 

[N. Y. Col. MSS. IV. 370; XVI, 11.] 

Petrus Stuyvesant, Director General of New 
Netherland, Curacao, etc., and the Hon"'" Council, 

To all those who shall see these Presents or hear 
them read. Greeting. 

Whereas we see and experience that our former Preamwa 
Edict enacted against unseasonable drinking to excess 
both at Night and on the Sabbath of the Lord,* to 
the scandal and shame of Us and Our Nation is not 
observed and obeyed according to our intent and 
meaning, we hereby renew the same, and do Ordain Lawagamst 
and enact, that it shall henceforth be put, maintained SifSiSSay, 
and executed in stricter observance and force, pur- ^^""'"^ ' 
suant to the tenor and provisions therein set forth. 

Meanwhile, the reason and cause why this our good 
Edict and well meant Ordinance is not obeyed 
according to the tenor and purport thereof are, that 
this sort of business and the profit easily accruing 
therefrom divert and lead many from their original 
and primitive calling, occupation and business to 
resort to Tavern-keeping, so that nearly the just f^^i^°/'^ 
fourth of the city New Amsterdam consists of Brandy ITnZ"^^ 
shops. Tobacco or Beer houses, by the multitude, f^™^^^ 
whereof not only are more honorable Trades and ^"'""' 
occupations neglected and disregarded, but even the 
Common people and the Company's servants seriously 
debauched; and what is still worse, the Youth, seeing f^^^^^" 
and following, as from their very childhood, this 
improper example of their Parents, are drawn from 
the path of Virtue and into all sorts of irjegularity. 
Hence, also, proceed Cheatings, Smuggling, and 
frauds and the clandestine sale of Beer and Brandy 



See supra, p. 61. 



94 



LAWS OF 



No New 
Taverns to 
be set up 
without 
permi^ioQ. 



Tavern- 
keepers, (fee, 
already 
established 
to continue 
lour years 
and to 
provide 
themselves 
with decent 
houses ; 



to the Indians and Natives, as daily exijerience, God 
help us! shows, from which nothing but new difficul- 
cnlties between us and them are to be apprehended ; 
and, moreover, decent Taverns established and 
licensed for the use and accommodation of Travelers, 
Strangers and Inhabitants which honorably and 
honestly pay their Taxes and Excise and own or 
lease suitable houses, sitting under heavier expenses, 
are seriously injured in their licensed and lawful 
business by these underground Groggeries. Wherein 
being willing to i)rovide according to the exigency 
of affairs, the circumstances of the time and oiu- 
ability. Therefore we, the Director General and Coun- 
cil aforesaid, on the subject of the Tapsters and 
Tavern-Keepers do Ordain and enact the following 
Eegulation and By-Law. 

1. 
First, henceforward no new Ale houses Taverns 
nor Tippling places shall be opened or set up except 
with the previous special knowledge and consent of 
the Director and Council unanimously granted and 
expressed. 

2. 

Taverns, Alehouses and Tippling places already 
established may continue at least four consecutive 
years more, but, in the meantime, remain bound and 
obliged to supply themselves, like other decent trades 
in this placei, with proper and respectable citizen 
houses for the embellishment and improvement of 
this city Neiv Amsterdam, each according to his state, 
quality and circumstances, pursuant to the Ordinance 
and regulation for buildings made by the Director 
and CouLiCil, by the advice and with the knowledge 
of the City Surveyors {Eoymeesters). 

3. 

Tavernkeepers and Tapsters, who are allowed 
for certain reasons to continue this business for at 



NEW NETHERLAND. 95 

least four years more, maj" change their trade, but i^^^'j^^'^jse 
may not transfer to another their busiaess of tapping' nort'mnsier 

,,. ,. ,. -111.1 1 Unit 01' sell- 

er selhng hqnor, nor hire nor sell then' house and jjjf^^^X"''' 

dwelling to anyone else for that purpose, unless with ".VTha™"™ 

the previous advice, full consent and permission of 

the Director and Council. 

4. 
■ Item. Tavernkeepers and Tapsters from now IJ'rnLr'' 
henceforward shall not sell, barter nor give as a fidians'" 
present, either by the first, second or third hand, nor 
provide the Natives with any Beer, Wine, Brandy or 
Spirituous liquors, on pain of forfeiting their business 
and of au arbitrary correction at the discretion of the 
Judge. 

5. 
Item. To prevent all Fightings and Mischiefs, incas»9f 
they shall be obliged to notify the Officer immedi- pr!ipr,eto'r 

, 1-11 1 • "iiist notify 

ately in case anyone be wounded or hurt at their toeomcer. 
house, on pain of forfeiting their business and one 
pound Flemish for every hour after the wound or 
hurt has been inflicted and is concealed by the Tap- 
ster or Tavern keeper. 

6. 

The Ordinances heretofore published against ^"^^1^^^^ 

unseasonable Night reveling and immoderate Drink- Sller'thf'" 

ing on the Sabbath, shall be observed with more 5$%*™";"^ 

strict attention and care by the Tavernkeepers and InWSSSys, 

belore three 

Tapsters, to wit: That they shall not admit nor odocn:; 
entertain any company in the evening after the 
ringing of the Farmers' bell, nor sell nor furnish 
Beer or Liquor to any person. Travelers and Boarders 
alone excepted, on the Sunday before three o'clock 
in the afternoon when Divine service is 'finished, 
under the penalty thereto affixed by law. 

7. 
Item. They shall be bound not to receive Nor receive 

any Liquors 

directlj'^ nor indirectly into their houses or cellars pirmT^ 



96 LAWS OF 

any Wines, Beer or Strong liquors before tbese are 
entered at the oflSce of the Eeceiver and a permit 
therefor received, under forfeit of such their business. 
Beer and Liquors, and in addition, a heavy fine at 
the discretion of the Court. 

8. 
k?Jp"rato Lastly. All Tavernkeepers and Tapsters who 
Shames arc iucliued to continue their business shall, within 

and promise n * t t /^ t i 

the°prov™ t"® space oi eight days after the publication and 
thfeLaw. posting hereof, give and hand in their address 
and names to the Director and Council and there 
solemnly promise punctually to observe in all its parts 
what is enacted, or may hereafter be enacted on the 
subject of Tapsters and Tavern keepers, and conduct 
themselves decently in their calling as good and 
faithful subjects, &c. 

Thus done in Council in Fort Amsterdam in New 
Netherland, the 10 March, Anno 1648. 



ADDITIOML PRIVILEGES 

Granted by the Director and Council of New Netherland to the Town 

of Flushing. 27 April, 1G48. 

[N. T. Col. MS§. IV. 3S2.] 

Whereas divers misunderstaudings have hereto- preamwe. 
fore arisen among the Inhabitants of New Flushing 
in New Netherland, the said Inhabitants have, there- 
fore, referred the question to the Director General 
and Council, to whose decision they have voluntarily 
submitted themselves ; in like manner they have in 
writing referred the election of Schout and Schepens 
there to the said General and Council, having only 
provisionally named and proposed to the Hon"'' ?e"om" 
Director and Council John Onderhill as Schout ; thlTovvn''o'f 
John Tousen, John Hicx, William Toorn, for Schepens 
and Selectmen, and John Laurence, for Clerk, before 

whom all Civil Suits under 50 Guilders shall be cjvii juris- 
diction of 

brought, and that pursuant to the written Order to *"« court. 
that end granted to the Inhabitants of Flushing. 

Therefore, after Consideration of the Matters herein 
to be deliberated, for the greater tranquillity of the 
Province, and the assured peace and unity of said 
village of Flushinq is John Onderhill by us chosen officers 

<^ ^ •^ Appointed, 

for, and appointed Schout, and the said persons 
Schepens and Clerk, provided that the Schout and 
Schepens shall take the Oath of Allegiance and up- Totakeoer- 

'■ o i tain Oaths. 

Tightness punctually to follow in all Civil Cases the 
written Eule and Articles already issued and enacted 
for them. Which being done. We charge and com- 
mand the Inhabitants of our Town of New Flushing 
to respect said Persons each in his quality, and to 
lend them a helping hand in the execution of their 
oflBce. 

Thus done the 27 April, A° 1648 in Fort Amsterdam 
in Neiv Netherland. 
13 



98 



LAWS OF 



Laws 

against the 
desPcratioQ 
of the 
tSabbath, 
renewed 
and 
enlarged. 



Afternoon 
Sermon and 
Prayer.'i, 
ordered. 



ORDINANCE 

Of the Director and Council of New Netlierland for the better 

observance of the Sabbath. Passed 29 April, 1648. 

[N. T. Col. MSS. rv. 382 ; XVI. 14.] 

Petkus Stuyvesant, on the behalf of the High 
and Mighty Lords States General of the United 
Netherlands, his Highness the Lord Prince of Orange, 
and the Hon'"'' Directors of the General Incorporated 
West India Company, Director General of Neiv Netli- 
erland, Curacao and the Islands thereof, together with 
the Hon"'" Oonncil. 

Wheeeas we see and find that, notwithstanding 
Our well meant Laws and Ordinances, heretofore i)ro- 
mulgated for the observance, and sanctiiication of the 
Holy Sabbath in conformity to God's holy command, 
they are not comi)lied with and obeyed according to 
our good intent and meaning, but that it is still 
prophaned and desecrated in divers ways, to the great 
scandal, offense and reproach of the Commonalty and 
foreign neighbors who frequent this place, the con- 
tempt and disregard of God's Holy Word and of our 
Ordinances deduced therefrom, Therefore, We, the 
Director General and Council aforesaid, in order to 
avert, as much as iu us lies, from Us and our Subjects 
the Avrath and chastisement of God to be apprehended 
from these and other transgressions, do hereby renew 
and amplify our previous Edicts and Ordinances, 
having, for the stricter observance thereof, with the 
pre-advice of the Minister of the Gospel, deemed it 
expedient that a Sermon shall be preached from the 
Sacred Scriptures and the usual Prayers and Thanks- 
giving offered from this time forward in the afternoon 
as well as in the forenoon ; Wherefore we request 
and command all Our Ofiicers, Subjects and Vassals 
to frequent and attend the same; Meanwhile, in 
conformity with our aforesaid Ordinances, We forbid 



NEW NETHERLAND. 99 

during Divine Service, all Tapping, Fishing, Hunt- |'i°;['t'^p'''°s. 
ing, and other customary avocations, trading and ¥rad'in|"" 
business either in Houses, Cellars, Shops, Ships, mvV?,I 
Yachts, or in the streets and markets, under the 
penalty of forfeiting all such wares, merchandizes 
and goods, or their redemption with the sum of 25 '^^^^'y- 
florins, until further order to be applied to the Poor 
and the Church, and in addition thereto One i)ound 
Flemish to be forfeited as well by the Buyers as the 
Sellers, by the Lessees as by the Lessors, to be dis- 
tributed one-half to the Officer, oue-half at the 
discretion of the Court. In like manner, also, we do, 
hereby, interdict and forbid all persons on the afore- 
said day, spending his time to the shame and scandal to'^b"'^'"''^ 

•" ^ arrested and 

of others in gross drunkenness and excess, on pain, punched. 
if so found, of being arrested by Our Fiscal and any 
superior and inferior OflScer, and arbitrarily punished 
by the Court. 

Thus done and, after reconsideration, enacted and 
published the 29 April, A" 1G48, in New Amsterdam in 
NeiVtNetherland. 



100 



LAWS OF 



Preamble. 



No Liquor 
to be fur- 
nished to 
Indians. 



Evidence of 
Indians in 
this case, 
aduiibuible. 



Penalty 



ORDINANCE 

Of the Director and Council of New Netherland furtlier proliibiting 

the sale of Intoxicating Liquor to Indians. Passed 13 Mai/, 1048. 

[N. Y. Col. MSS. IV. 384: 7X1. 16.] 

Whereas it is seen and observed by daily experi- 
ence that, notwithstanding it is repeatedly forbidden 
in previous Edicts to tap, give, barter or sell by 
the third or fourth hand, directly or indirectly, any 
strong drink to the Indians or Natives of these 
parts, yet it may every day be plainly perceived that 
Indians are running drunk along the Manhattans, 
and that the people who reside at a distance suffer 
serious annoyance from drunken Indians, whence 
new troubles and wars, as heretofore, are to be appre- 
hended, wherefore the Hon'''^ Director General and 
Council have thought it necessary to renew once 
more the previous Ordinance and hereby most strictly 
to forbid, as we hereby do, the giving, bartering or 
selling of any strong drink, by what name soever 
they may be called,* and in case anyone afteo the 
date hereof be found (so offending), were it even that 
the Information be received from the Indians (to 
whom for weighty reasons credit shall be given in 
such case) he shall, in addition to the fine prescribed 
in the previous Ordinance, receive without any dis- 
simulation, an arbitrary corporal punishment ; for it 
is better that such evil disposed persons be punished 
than that a whole country and people should sufler 
in consequence of their acts. 

Thus done the 13 May, Anno 1648, in Council in 
Fort Amsterdam in Neiv Netherland. 



■•■■•" to Indians " — seems to be implied, though not expressed in 
the Text. Tb. 



NEW NETHERLAND. 101 



ORDINANCE 

Of the Director and Council of New Netherland further prohibiting 

the Sale of Firearms, &c. to Indians. Passed 19 August, 1648. 

[N. Y. Col. MSS. rv. 411.] 

This is a Renewal of the Ordinance of the 23 February, 1645. Suigra, 
p. 47. 



ORDINANCE 

Of the Director and Council of New Netherland obliging Scotch 
Merchants and Petty Traders to reside three years in New Nether- 
land, &c. Passed 18 September, 1648. 

[N. T. Col. MSS. IV. 416.] 

Wheeeas the Hon"'^ Director General and Council Preamwa 
have seen and by experience remarked that several of 
the Scotch Merchants and Petty Traders who from 
time to time come over in the ships from Father- 
land, do and aim at nothing else than solely to spoil 
trade and business by their underselling; they dis- 
pose of their goods with the utmost speed ; give 
11 @ 12 guilders in loose Wampum for one Beaver, 
and when sold out, go back again in the ships of 
that same year in which they come, without bestow- 
ing or conferring any benefit on the Country, all the 
burthens whereof, on the contrary, the Inhabitants 
who own property must bear. 

Therefore, to prevent such destroyers of trade, it 
is judged proper and profitable for New Netherland 
and the Inhabitants thereof, and it is Ordained, that 
henceforth those Merchants, Scots and Petty traders Merchants 

' '' and Traders 

who come over in any ships from Patria with inten- to/ety^rs 
tion to trade here either with Christians or Heathens NeijS^iatui, 
by the large and small Measure, Ell and Weight, 
shall not be permitted to carry on any business in 
the least on shore here unless they take up their 



and 



102 



LAWS OF 



Build 
a decent 
house in 

Amsterdam. 



Skippers 
supercar- 
goes and 
owners 
of their 
own sliips, 
excepted. 



abode here in Neiv Netherland three consecutive 
years, and in addition bnild in this city Neiv Amster- 
dam a decent citizen dwelling, each according to his 
circumstances and means ; all Merchants and others 
who oblige themselves to transact business in a 
citizen house and to remain 3 years in the country, 
shall be admitted and none else, the Skipper or 
Merchant of his own or of his master's Ship 
alone excepted, but these shall not be at liberty to 
keep any Shop on shore. 

Thus done in the presence of the Hon"'^ Director 
General, Mr. Dincklagen, Mr. La Montagne, Briant 
Nuton and Paulus Leendertsen this 18th September, 
A° 1648, New Amsterdam. 



Firewar- 
dens to 
Inspect the 
Chimneys. 



Penalty 
for I'oul 
Chimneys. 



ORDINANCE 

Of the Director and Council of New Netherland for the better 
enforcing of the Ordinance against Fires. PassecZ 28 September. 1648. 
[N. Y. Col. MSS. IV. 416 ; XVI. IC] 

The Hon"'' Director General and Council of Neiv 
Netherland order and command the Firewardens, for 
the purpose of preventing all calamities from fire, to 
visit every house in this city Neiv Amsterdam and see 
that everyone is keeping his Chimney properly clean 
by sweeping, and to oblige tjiose in default immedi- 
ately to pay the fine of three Guilders, to be applied 
according to the Ordinance in this regard published 
on the 21 January, 1G48.* 

Thus done and ordained in the Council in Fort 
Amsterdam in Neiv Netherland the 28 September, 1G48 ; 
Present : the Hon"'^ Director General, L. Dincldage, 
La Montagne, Briant Nuton, Paulus Leendertsen. 



■» See supra, p. 82. 



NEW NETHERLAND. 



ORDINANCE 

Of the Director and Council of New Netlierlaild for tlie recovery of 

Wages due to Indians. Passed 28 September, 1648. 

[N. T. Col. MSS. IV. 417; XVI. 17.] 

"Whbebas great complaints are dailj- made by preamble. 
Indians and Natives to the Hon''''' Director General 
and Council that some Inhabitants of Netv Netherland 
put the Natives to work and employ them in their 
service and frequently dismiss them without pay after 
the work is performed, and persist, against all public 
law, in refusing to pay the Indians for their labor, 
Avhich Indians threaten, if they are not remunerated 
and paid, to pay themselves, or to revenge themselves 
by other improper means; Therefore, the Hon''"' 
Director General aud Council, in order to put a stop 
to and prevent as much as possible, in good time, all 
mischief, will have all Inhabitants warned, who are 
indebted any thing to the Indians for wages or ^^Jf^fj^^^f 
otherwise, to pay them without contradiction, and if '"'"'p^''- 
they in future employ them, they shall be bound to 
pay them on the representation and complaint of the 
Indians, who for good reasons shall, in that case, be g;|*™"=f^°^ 
competent witnesses; on pain of paying such fine as oS^mI, 
in the circumstances of the case shall be found proper. 

Thus done in Council and published the 28th Sep- 
tember, 16iS, in Netv Amsterdam; Present: the Hon"'" 
Director General, L. van DincMagen, La Montague, 
B. Nuton aud Pauliis Leendertsen 



104 



LAWS OF 



ORDINANCE 



Persons 
bound to 
Service 
not to be 
harbored 
longer than 
24 hours. 



Penalty. 



Of the Director and Council of Nety Netherland against Fugitives 

from Service. Passed 6 October, 1G48. 

[N. Y. Col. MSS. IV. 418 ; XVI. 17.] 

Whekeas the Hon*"^ Director General and Council 
daily see and observe that some of the Inhabitants 
of Neiv Netherland harbor in their Houses and Dwell- 
ings the Company's Servants and other their domestics 
when they run away from their Lords and Masters, 
also those of our Neighbors who come hither from 
abroad, whereby many servants, when they are dissat- 
isfied with their employment, are afforded a means 
and opportunity to run away, which is of daily 
occurrence, and because the Hon'''® Director General 
and Council would prevent and hinder such practices 
as much as is possible and practicable, Therefore, the 
Director General and Council hereby notify and warn 
all persons against harboring or entertaining anyone 
bound to service either to the Company, or to any 
private individual here or elsewhere, and against 
lodging and boarding them at most longer than 24 
hours, and if any one shall be found to have acted 
contrary hereto, he shall forfeit a fine of fl.150 to be 
paid to whomsoever will make the complaint and it 
may appertain. 

Thus done in Council the 6 October, 1648; Present: 
the Hon*"® Director General, L. Dincklagen, La Mon- 
tague, B. Nuton and P. Leendertsen. 



NEW NETHERLAND. , 105 

ORDINANCE 

Of the Director and Council of New Netherland for the speedier 
erection of Buildings in New Amsterdam. Passed 15 December, 1648. 
[N. T. Col. MSS. rV. 423 ; XVI. 18.] 

Whereas the Hon'"« Director General and Council preamble. 
of Neiv Netherland have long before this admonished 
the Commonalty by an Ordinance that their lots oti 
the Island of Manhattan are laid out too large and 
bigger than they can be built on by some Inhabit- 
ants ; And whereas some persons desire to build, and 
scarcely a spot is to be found hereabouts on which 
a house can be conveniently built, Therefore the propriptore 

•' to build on 

•Director General and Council aforesaid think it "^«''i'0'«- 
advisable to notify all persons once more for the last 
time to erect proper buildings on their lots, or in 
default, the Director General and Council will dispose penalty. 
of suitable places to those who are inclined to build 
houses in this city New Amsterdam and to allow the 
present proprietors for them a reasonable indemnity 
at the discretion of the Street Surveyors. Let every 
one be warned hereby, and if anyone intend to build 
he will please give in his name to the Secretary, 
which being done, proper order will be made thereon. 
Thus done in Council and published and posted 
the 15 December, A° 1648, in Neiv Amsterdam in New 
Netherland; Present: the Hon"^ the General, Mr. 
Dincldage, La Montagne, Brian Nuton. Paulus Leen- 
dertsen. 

14 



106 



LAWS OF 



ORDINANCE 



Preamble. 



Duty on 

Netherland 
Tobacco. 



Of the Director and Council of New Netlierland fixing the duty on 

New Netherland Tobacco. Passed 21 April, 1649. 

[N. Y. Col. MSS. IV. 430.] 

The Hon*"^ Director General and Council of New 
Netherland, 

To all those who shall see these Presents, or hear 
them read, Greeting, make known ; 

That the Hon"'*' Directors of the Incorporated West 
India Company, in order to assist and encourage this 
their dependency of New Netherland above all others, 
have, upon our earnest Eemonstrauce to thenj 
respecting the heavy duties on Tobacco, notified and 
made known to us by their last despatch, dated the 
29 January, that henceforth no higher- nor greater 
duty shall be imposed on New Netherland Tobacco 
cultivated and raised within the limits of their juris- 
diction and this government entrusted to Us. than on 
the poorest Tobacco of the Caribbean Islands, to 
wit : Forty-five stivers V 100. whereby the aforesaid 
Hon''"' Directors, our Patroous not only signify and 
manifest their favorable disposition towards this their 
dependency, seeing that this Tobacco is much more 
valuable and dearer tlian the other, but also evince 
their good intention and hope through this privilege 
to attract others and to encourage Population, 
Agriculture and husbandry, which we have thought 
necessary to publish aud make known to the end 
that those who have already settled uuder, or should 
still wish to come into our government during this 
favorable season may have a knowledge thereof. 
We, therefore, command that this adopted Resolution 
of our Lords Patroous be published and affixed not 
only here at the Manhattans, but also in all other 
Colonies and Villages within this Jurisdiction, to the 



NEW NETHERLAND. 107 

end that every oue may know how to govern himself 
to his advantage in his Farming and Agriculture. 

Thus done -in Our Council this 21 April. A°, 1649, 
New Amsterdam. 

Note. — The dispatch montioned in the above Ordinance is dated 
27th January, 1049, and the alteration in tlie Duty on Tobacco was 
made at the suggestion of Director Stuyvesant as appears by the 
language of the letter and for the following reasons : 

" Your complaint of the heavy Tax on Tobacco grown in the 
country there induces us, in the hope of encouraging the People 
to cultivate it, hereby to consent, that the Tobacco produced in 
our conquests there, shall pay no more than the Tobacco coming 
from the Carribean islands to wit, 45 stivers ^ hundred, whence 
you can well conclude that our object is to benefit those our 
possessions beyond all other places, especially as this Tobacco 
is much better than any other product coming from the Islands. 
We have been able to arrive at this resolution the sooner, because 
we understand the Swedes employ all means to stimulate theix 
subjects to cultivate Tobacco in those parts [viz., on the Dela- 
ware], and have, therefore, bestowed large privileges on them, and 
have even granted an exclusive right that no person shall import 
Tobacco into that Kingdom without their consent on pain of confis- 
cation of all the property ; with the view that oven no other wares 
may be imported into Sweden than what this Corporation [the 
Swedish W. I. Company] should grow in the Swedish Virginias. 
Under this privilege some great men, it is said, are concealed, namely 
the Lord Chancellor of the Kingdom [Oxensteirn] and somebody else 
residing in this country on the part of that crown, whose name, for 
reasons, we do not mention." N. Y. Col. MSS. XI. 14. 

On the 4 AprU, 1652, the Directors at Amsterdam notified Director 
Stuyvesant that they had abolished the Duty of 8 per cent, on Tobacco, 
the growth of New Netherland. Ibid, 53. Th. 



108 



LAWS OF 



ORDINAN'CE 



Preamble. 



Affidavits 
and other 
Legal 
papers nnt 
Bworn to in 
Court or 
before a 
Magistrate, 
or not writ- 
ten by the 
Becretary 
declared 
null ahd 
void. 



Ordinance 
of the 12 
June 164ft 
renewed. 



Of the Director and Council of New Netherland further providing for 

the proper drawing up of Legal Instruments. Passed 8 May, 1649. 

[N. Y. Col. MSS. rv. 437.] 

Wheeeas it is daily observed that, contrary to the 
Law and Ordinance of the Lords States General, and 
the Edict published 12 June, 1646* by the late Director 
General and Council, grave mistakes are committed 
in the writing and drawing up of evidences by private 
persons who are neither qualified thereto bj'^ Oath, 
nor called thereto by authority, whereby frequently 
many things are written to the advantage of those 
who have the papers drawn up, interspersed with 
sinister, obscure and dubious words, oftentimes con- 
trary to the meaning of the witnesses, to the great 
prejudice and damage of the parties, and in order to 
prevent this result, dangerous in a Eepublic, and to 
strengthen the knowledge of the truth necessary in 
all Courts, Therefore we annul and declare invalid, 
as we do hereby annul and declare invalid all AflBda- 
vits, Interrogatories, or other Instruments serving as 
evidence, which are written by private Individuals 
and not confirmed by oath before the Court here or 
other Magistrates, as we do also from now henceforth 
annul all Aflidavits which will not be written by the 
Secretary or other authorized person, likewise all 
Contracts, Testaments, Agreements and other import- 
ant documents, unless by necessity it should be 
impossible to call on such person. 

Thus on the 8"" May 1649 in Council it is resolved 
that the above Ordinance published on the 12 June 
1646, should be renewed. 

The minute is signed by P. Stiiyvesant, H. van 
Dyck, fiscal. La Montagne, Briant Nuton, A. Keyser. 
Mr. Bincldage refused to sign. 



* See page 59. 



NEW NETHERLAND. 109 



OKDINANCE 

Of the Director and Council of New Netherland to enforce the Law- 
respecting Weights and Measures. Passed 19 July, 1649. 
• [N. Y. Col. MSS. IV. 443.] 

The Hon'''® Director General and Council of New preamble. 
Netherland daily observing that their Ordinances 
heretofore made and enacted respecting Weights and 
Measures,* is not duly complied with by some, but 
greatly violated by the good Inhabitants, Therefore 
the Hon"'® Director General and Council notify all 
wholesale and retail Traders, also Bakers and ^r^^t^riiam 

Weights 

all others who sell any thing by the Ell, Measure or |}'ei,ures 
Weight, to use no other Ell, Weight nor Measure in ^e ll°i. 
delivering or receiving, than the legal Amsterdam 
Ell, Weight and Measure, and to the end that every 
thing may be done in order, the Hon)"® Director & 
Council will hereby give notice to all Inhabitants and 
Traders to procure and provide themselves between inhabitants 
this date and the first of August next, with the legal thl^S' 
Amsterdam Ell, Weight and Measure. Meanwhile 
whoever has at the present time any weights shall 
bring them into the Company's warehouse in the 
Fort, to be there weighed and measured, so that in 
future no subject may suffer loss thereby. And in 
order that every thing may be carefully attended to 
and followed with greater zeal by all and everyone, 
the Fiscal Hendriclc van Dyclc is hereby commanded 
and authorized after the expiration of the first of 
August next, to inspect all Ells, Weights and Meas- ^J^e^^ 
ures as often as he shall think proper, and whosoever ti"^'"'^ 
shall then be found not to use the legal Ell, Weight '"''®°'®''' 
or Measure, shall pay such fine as is thereto pre- Penalty. 
scribed by law in our Fatherland. Let each be 
warned hereby and take heed against loss. 

■•■-See Ordinance of 11 April, 1641. Supra p. 25. 



110 . LAWS OP 

Thus done in Council the 17 July ; resumed and 
posted the 19 Juljs 1649. New Amsterdam in New 
Netlierland. 



ORDINANCE 

Of the Director and Council of New Netherland to prevent frauds on 

tlie Excise. Passed 8 November , 164'J. 

[N. Y. Col. MSS. XVI. IS.] 

The Director General and Council of New Nether- 
land, 

To all those "who shall see these Presents or hear 
them read, Greeting. 

Preamble. Whercas wc scc and observe by experience that 
the Ordinances heretofore enacted against the Frauds 
and Snuiggling which are committed in regard to 
the Beer which is sold by the Tapsters and Tavern- 
keepers, also that notwithstanding our previous 
Ordinance some few Inhabitants still follow the 
business of tapping and brewing at the same time, 
whereby not only the customary Excise (pacht) is 
defrauded, but also other Tapsters, who follow the 
business of tapping only, are injured in their trade, 
which being desirous to remedy in conformity with 
the public law of Fatherland, We hereby Ordain and 
command that no Inhabitants who make a business 

Brewer-snot of Brcwiug shall, oiit of meal times, tap, sell or give 

to sell Beer . " ' > Ir'i S5 

by KeSii. away by the small measure any Beer, Wine or Liquor, 
not even to Boarders who they pretend go to eat 
with them ; under which guise, we remark, no trifling 
fraud is committed ; to prevent both the one and the 

Beer to be othcr, Wc agalu Ordain that henceforth no Beer nor 

entered, and '-' 

«uS!^i Wine shall be removed from the Breweries, Cellars 
fto'S?™' ^^ Storehouses, or placed and pnt into the houses of 
the Tapsters unless they have first entered the same 
at the Secretary's Office, and the Carters or Porters 



from 
Breweries. 



NEW NETHERLAND. HI 

thereof have taken out a permit therefor signed by 
the chief clerk of the Secretary, which shall be shown 
and exhibited, on the same day that it is taken out 
and signed, to our Fiscal IlendricJc van Dyclc or, in 
his absence, to his substitute ; notifying, at the same 
time, all Brewers not to deliver any Beer they may Brewers not 

i/ J i; to deliver 

sell, nor to let Carters or Beer-carriers or Tapsters oufa^rmit. 

take it away, unless a permit therefor be previously 

exhibited to them, on pain of forfeiting the Beer and 

Wine and all appurtenances whether Horses, Sleighs 

or any other vehicles wherewith the same are removed, penalty. 

and an arbitrary correction of such as lend a hand 

thereto. 

Thus done and after reconsideration enacted, in 
Our Council in Fort Amsterdam, this 8 ISTovember, A° 
1G49. 



ORDINANCE 

Of the Director and Council of New Netherland prohibiting the 
Exportation of Grain and Bread from New Netherland. Passed 8 
November, 1649. 

[New Amsterdam Records.] 

The Director General and Council of New Nether- Pieamwe. 
land having remarked the scarcity of the crops of 
the past year, and also that there is great complaint 
among the good Inhabitants that there is already 
scarcely enough of Bread to be had of the Bakers for 
themselves and their children, and it is to be feared, 
if there be not a seasonable interposition, that 
there will be a further deficiency of Breadcorn and a 
greater advance in price. 

Therefore, the Director and Council do by these J^gf^^ifed 
presents Ordain that from this time forth until further """^'^'^ 
Order and a larger supply of grain, no Brewer shall 
be permitted to malt or brew any Wheat on pain of 



112 



LAWS OF 



Bye and 

Bread 

prohibited. 



forfeiting the wheat so malted, and an arbitrary pen- 
alty. And they do, furthermore, by these presents 
Ei^rtation interdict and forbid the Exportation out of the 
Province of Neiv Netherland of any Wheat, Eye, 
or baked Bread until, after a more exact estimate of 
the quantity of grain and yearly consumption, our 
necessary consent to such shall be given. 

Thus done and approved in Our session this 8th 
day of ISTovember, A. D. 1649. 

(Signed,) P. Stuyvesant, L. Tan DincMagen, H. 
Tan Dijlce, La Montague, Brian Neivton. 



ORDINANCE 

Of the Director and Council of NewNetherland regulating the Baking 

and Sale of Bread. Passed 8 November, 1G49. 

[N. Y. Col. MSS. XIV. 20.] 

The Director General and Council of New Nether- 
land, 

To all those who see, read, or hear these Presents 
read, make known. 
Preamble. That upou the mauifold complaints made to us by 
a number of our Inhabitants both as to the poorness 
of the coarse Bread and the light weight of the 
White Bread with which the good people cannot be 
provided by the Bakers for the common currency, 
in consequence of the Indians, or ISTatives of this 
country buying the Bread, without examination 
and inquiry as to the weight or price, from the 
Bakers for stringed Wampum, which the majority of 
the Inhabitants cannot do for want of stringed Wam- 
pum, whence it consequently follows that, through a 
lust and desire of great profit, the Indians and bar- 
barous Natives are provided with the best, in prefer- 
ence to the Christian B'ation ; the Director and 
Council aforesaid, being desirous to provide therefor 



NEW NETHERLAND. 113 

in the most proper manner, according to their ability 
and existing circumstances, to the best advantage 
of the Commonalty, do hereby Ordain and command, 
that, from now henceforward until our further Eeso- g.^^ba^""' 
lution, no Bakers shall be at liberty to bake or sell to Seiiior 
the Natives or Christians any fine bolted or white 
Bread, or Cakes for presents, on pain of forfeiting all 
the baked white Bread and Fifty Carolus guilders penalty. 
in addition, to be applied according to circumstances, 
provided nevertheless that no Inhabitants are hereby piotiso. 
prevented baking or having baked for their own 
household, or for grand entertainments, such quantity 
of white Bread as occasion may require; for their 
Honors of the Council will hereby only interdict and 
forbid, as they do hereby interdict and forbid the use- 
less consumption and general sale of white Bread 
and Cakes as Well to the Inhabitants as Natives, so 
as thereby to prevent and put a stop, by this means, 
to what is committed in regard to the Bread generally 
on sale. 

And in order that neither the good Inhabitants 
nor the Natives be herein incommoded by over and 
short weight, the aforesaid Director and Council 
Ordain, that the Bakers who henceforth make a busi- 
ness of baking Bread for sale, shall manufacture it 
either of pure Wheat or of pure Eye, as these come 
from the Mill, in loaves of eight, four and two pounds Assteeot 
weight, at such price as shall be fixed by their Honors e^t^wianed. 
of the Court from time to time, according to the 
value and rate of purchase of the grain. 

Thus done, resumed and enacted in Our Council, 
this 8 November, 1649 



15 



114 LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland to prevent Frauds in 

the conveyance of Real Estate.. Passed 7 February, 1650. 

[New Amsterdam Eecords.] 

Preamble. Whekeas the Director and Council of New Netli- 
erland liave been informed that divers clandestine 
abuses and Frauds have been practiced in the selling 
of Eeal Estate, such as Houses, Gardens, House lots 
and other lands, to the serious injury of Creditors. 

No deed Therefore, the Director and Council do by these 

for Eeal i . i • , 

sl'lntd^uf presents, charge their Secretary, and in his absence 
iSrSirlc^l the Chief Clerk, not to pass nor sign any Deed of 

and Council. , ,, , -, • t i 

Eeal Estate until it shall have been examined and 

approved by the Director and Council at the stated 

Another Court day, hereby declaring all Contracts and Con- 

emm' vevances null and void which shall have been passed 

declared »j *■ 

TOid.*"" without their approbation, ratification and signature. 

Thus done and approved in our sessions at Fort 

Amsterdam this 7th day of February, Anno 1650. 

(Signed,) P. Stuyvesant, L. Tan DincMagen, H. 

Tan Dylce, fiscal. La Montague. ' 



ORDINANCE 

Of the Director and Council of New Netherland against encumbering 
or obstructing Highways. Passed 23 May 1650. 

Note. — This Law is mentioned in N. Y. Col. Mss. XVI. 3, -where 
the substance of it is given, forbidding the obstruction of Highways 
by felling Trees or placing Stones in them, and requiring that they 
be kept passable. But the Ordinance is not in the State Records. 
^eepost, p. 345. 



NEW NETHERLAND. 115 



ORDINANCE 

Of the Director and Council of New Netherland amending the Ordi- 
nance of the 8 November, 1649, regulating the Baking and Sale 
of bread. Passed 14 April, 1650. 

[New Amsterdam Records.] 

The Director General and Council have granted ^tStr'" 
tbe request of the Bakers, and they are at liberty to bKad,^ut'® 

no Cakes. 

bake, for the accommodation of the Commonalty, 

^Vhite bread, but no Cakes nor Cracknels ; provided proviso. 

they bake the White loaf so as to conform in weight 

with the law of Fatherland. 

Furthermore, the Bakers are ordered to bake the The com- 
mon loaf to 

common loaf and forbidden to make it of any thing whfafSnd 



else but pure Wheat and Eye flour, as it comes from 
the Mill, so that the Commonalty may be protected 
against complaints concerning the poorness and small 
size of the common loaf. 

Done this 14 April, A° 1650, in the Council at Fort 
Amsterdam. 



Eye flour. 



ORDINANCE 

Of the Director and Council of New Netherland for the better regula- 
tion of the Currency. Passed 30 May, 1650. 
[N. T. Col. MSS. XVI. 21.] 

The Director General and Council of New Nether- 
land, 

To all those who see these Presents or hear them 
read, Greeting. 

Whereas we have by experience and for a long preamwe. 
time seen the^^ecline and daily depreciation of the 
loose Wampum, among which are circulating many 
without holes and half finished ; also some of Stone, frauds m 

Wampum 

Bone, Glass, Muscle-shells, Horn, yea even of Wood 
and Broken beads, together with the manifold com- 
plaints of the Inhabitants that they cannot go to 



116 LAWS OF 

market witli such Wampum, nor obtain any com- 
modities, not even a small loaf of white Bread or pot 
of Beer from the Traders, Bakers or Tapsters for 
loose Wampum, wherein wishing to provide accord- 
ing to our best knowledge for this time, we have for 
the promotion of Trade and the general good of the 
People, resolved and concluded that from hencefor- 
Loose ward no more loose Wampum shall be current, or good 
to be strung, p^y un]ess it bo strung on a cord, as has been the 
common custom heretofore ; in order hereby to pre- 
vent the further importation of all lump and uuper- 
forated Wampum and to establish some diflFerence 
between the commercial Wampum and strung Wam- 
pum, so as in future to obviate all misunderstanding, 
the Hon"'^ Director and Council aforesaid do Ordain 
that the commercial shall pass and be good pay as 
Eate of heretofore, to wit Six White or Three Black for one 

Commer- 

pSi'r "rang Stlvcr ; on the contrary, poor strung Wampum shall 
•Wampum. ^^^^ eight White and four Black for one Stiver. 
We Order and command every one hereby to regulate 
himself according to the tenor hereof, and in case of 
Penalty. a rcfusal to be deprived of their trade and business, 
and the Fiscal is hereby ordered after publication to 
cause this to be affixed and made known everywhere 
that it concerns, also to use every effort that the 
same be executed and obeyed here. 

Thus done, resumed and enacted in Our Council in 
Fort Amsterdam, this 30th May, A" 1650 in New 
Netherland. 



NEW NETHERLAND. 117 

ORDINANCE 

Of the Director and Council of New Netherland further regulating the 
Currency. Passed 14 September 1650. 

[N. Y. Col. MSS. XVI. 22.] 

The Director General aod Council of Netv Netlier- 
land, 

To all those who hear, see or read these presents, 
Greeting. 

Whereas on the daily complaints of the Inhabit- preamwe. 
ants we experience that our previous Ordinance 
and Edict relative to the poor strung Wampum, 
published under date 30 May, A° 1650, for the accom- 
modation and protection of the ijeople, is not observed 
and obeyed according to our good intention and 
meaning, but that, on the contrary, such pay even ^°^''jg^°K 
for small items is rejected and refused by Shopkeep- ^^f"^""- 
ers. Brewers, Bakers, Tapsters, Tradespeople and 
Laboring men, to the great confusion and inconveni- 
ence of the Inhabitants in general, there being, at 
present, no other currency whereby the Inhabitants cu°r?eScy. 
can procure from each other small articles of daily 
trade, for which Avishing to provide as much as possi- 
ble, for the relief and protection of the inhabitants, 
the Director and Council do hereby Ordain and com- 
mand that, in conformity to our previous Ordinance, 
the poor strung Wampum shall be current and I^ie^S™ 
accepted by every one, without distinction and excep- 
tion, for small and daily necessary commodities re- 
quired for housekeeping, as currency to the amount 
of Twelve gnilders and under only, in poor strung to what 
wampum ; of twelve to twenty four guilders half 
and half, that is to say, half poor strung and half 
good strung wampum ; of twenty guilders to fifty 
guilders, one-third poor strung and two-thirds good 
strung wampum, and in larger sums according to the 
conditions agreed upon between Buyer and Seller, 



118 LAWS OF 

Penalty. undet a penalty of six guilders for the first time to 
be forfeited on refusal by the contraveners hereof; 
for the second time nine guilders, and for the third 
time two pounds Flemish and stoppage of his trade 
and business, pursuant to our previous Edicts. 

Thus done and enacted in Council by the Director 
and Council, this 14 September, 1650, in New Am- 
sterdam. 



Horses, 
(;ows, 
Sheep. 
^ioatfi, &c., 
not to run 
at large 
Willi in cer- 
tain limits. 



ORDIIsrANCE 

Of the Director and Council of New Netherland further prohibiting 
the running at large of Goats, Hogs and other Animals in New 
Amsterdam. Passed 27 June, 1650. 

[New AmBterdam Records.] • 

The Director General and Council of Neiv Nether- 
land, 

To all those who see these presents, or hear them 
read. Greeting. 

Wheeeas, experience hath shown that this For- 
tress, formerly in tolerable condition, has been in a 
great degree trodden down by Hogs, Goats and 
Sheep ; and Whereas in conformity with the Order 
of the Hon"^ the Directors our Lords Majors and 
Patroons, men are now employed in repairing and 
restoring the same, and it is to be feared that it 
may as before again become damaged and trodden 
down by Goats, Sheep, Hogs and other animals. 

Therefore, the Director General and Council do, by 
these presents, warn all and every of the Inhabitants 
of this place that, in accordance with our former 
Edict, they shall not suffer to run at large without a 
Herdsman or driver, except within their own inclo- 
sures, any Hogs, Sheep, Goats, Horses or Cows 
between the Hon*'^ Company's Farm at the end of 
their Pasture, at present occupied by Thomas Hall, 
nor between the house of Mr. Isaac Allerton, and this 



NEW" NETHERLAND. 119 

place, under the penalty of six guilders for the first Penalty. 
offense for every Horse, Cow, Hog or Sheep that may 
be found within the limits aforesaid ; for the second 
time, a double fine ; and for the third time the whole 
to be confiscated and to be appropriated at pleasure. 
Thus done, approved and published at Neiv Amster- 
dam in Neiv Netherland, this 27th day of June, A" 
1650. 



ORDINANCE 

Of the Director and Council of New Netlierland regulating the price 

of Bread, Wine, Brandy, &c. Passed 5 June, 1651. 

[N. Y. Col. MSS. XVI. 23.] 

The Director General and Council of New Nether- 
land, 

To all who hear, see or read these Presents, Greet- 
ing make known. 

That we this day having received the complaints compiainu 
of the good Inhabitants submitted to us through the ""i^ro"'"* 
Selectmen of this place, respecting the extortion, wine,'&c. 
exaction and usurious profits imposed by some, both 
in the matter of white Bread and in retailing of 
Wine, Brandy and Strong liquors by the small 
measure, by certain Tapsters and Tavern keepers and 
practiced for a long time to the great damage and loss 
of the Commonalty and many private Inhabitants, 
wherein wishing to provide as far as possible, the 
Director and Council of New NetJierland have pre- 
viously computed with the Selectmen the presenfe 
price of the Bread grain, also what weight it can 
produce; likewise the present price of Wine, Brandy 
and Strong liquors and how an exorbitant profit is 
realized by the small measure from them, so that 
more than one hundred per cent on the first cost is 
advanced on the one and the other, Therefore, the 
Director General and Council of Neto Netherland 



120 LAWS OP 

in order to prevent such exaction and imposition, do 
hereby Ordain and command that both the pure 
White loaf and the Wheaten and Rye loaf shall be 
baked and sold according to its correct Weight, 
Assize of to wit: The Wheaten and Eye loaf as heretofore 

Wheaten ^ 

Breadi*'^ Ordered and published ; the Whole loaf, eight pounds ; 
the Half loaf four pounds, -which shall be sold until 
further order and a lower rate of grain, the whole 
Wheaten loaf, fourteen stivers, and the whole Eye 
loaf, twelve stivers, the half loaf in proportion. 

With regard to the white Bread, it is hereby 
Ordained that it also shall be baked according to its 

Assize of exact and correct Weight : to wit, of one pound, half 

White o ' r ' 

Bread. ^ pouud aud quarter of a pound at the option ot the 
Baker, without his being at liberty to break that 
schedule, and the pound of bolted white bread of 
good and clean wheat must not be sold for more than 
three stivers the pouud; those of greater or less 
weight calculated in proportion. 

Further, whereas the Director and Council have 

been informed, both by the Select men and by divers 

?etefto Farmers, that some Bakers refuse to bake Eye bread, 

Sre Eye and do not hesitate to give as the reason that they 

Bread. =' "' 

derive more profit from the white and wheaten bread, 
whereby it comes to happen that not only many poor 
Inhabitants, who cannot afford to purchase White 
bread, frequently remain inconvenienced and in want 
of bread, but also that the Farmers cannot sell the 
Eye they have cultivated and raised, to the manifest 
'injury both of Agriculture and of the Commonalty, 
the Director and Council do hereby Ordain and Com- 
mand that for the accommodation as well of the 
Poor as of the Eich, [the Bakers] shall bake Eye 
bread as well as White and Wheaten bread, on pain 
Bttkerato of being excluded from their business and fined 25 

bate Kye ° 

ien^iyf''" guildcrs for the first time they shall be found contra- 
vening these presents. 



NEW NETHERLAND. 121 

In regard to the Wines, Brandies and strong Liquors 
whicli for a long time past have been sold by some 
Tapsters 10 @ 12, yea 14 stivers the quartern or gill, winl!"*^ 
to the great wrong of the Commonalty, the Director andotLr 
and Council thereupon Ordain that in the Taverns the 
can of French Wine shall be sold at eighteen or Established. 
twenty stivers, the Spanish Wine forty or forty-four 
stivers, the gill of Brandy seven stivers and no higher ; 
and all this until further Order and occurrence of the 
rise or fall of the price of the Wine by the great 
measure. 

And in order to accommodate and oblige the good 
Inhabitants and arriving Traders still further, with 
respect to the payment in Wampum, and as it is not 
convenient for the former to lay in Wine, Brandy, 
and strong Liquors, all arriving Traders, Scotch and wSfc^h*' 

arriving 

Merchants are hereby permitted, until our further Trader 
order, to furnish the Commonalty free of excise grimly, 
for stringed Wampum, but at a reasonable ^nd l^uok" 
moderate advance, to wit: the French Wine at 
twelve stivers T pot, the Spanish Wine at one dollar 
(thirty stivers), the Brandy and Strong liquors at 
thirty-two stivers the can, for the accommodation of 
the Inhabitants only who are not Tavern keepers ; but 
with this understanding, that such Wines drawn from ^'°^°- 
the Merchants by the can must not be retailed by 
any Inhabitants, of what quality or nation soever 
they may be, by the smaller or larger measure, on 
pain of forfeiting the Wine, and twenty-five guilders 
fine. 

Thirdly, whereas the Director and Council are 
informed that, notwithtanding their formerly issued j;jo;ate" 
Edicts and Ordinances, some Brewers are retailing ordmances; 
their brewed Beer by the small measure and can, not 
only to the damage, injury and diminution of the 
customary Excise, but also to the obstruction of the 
business of others who make a profession of tapping 

16 



* * 



122 LAWS OP 

and selling by the small measure ; And whereas we 

experience that some Brewers carry on this trade 

more securely under the pretense of accommodating 

wnichare the Oommoualtv by the small measure, our former 

renewed. *^ '' 

Ordinance and Edicts are hereby not only renewed, 
Brewers not but lu additiou, all such persons are expressly inter- 
by retail. dictcd from selling any strong or small Beer by the 
small measure on draught, under the penalty in 
the former Placards set forth. In order, mean- 
proviaion wMlc, uot to subjcct the Poor to inconvenience, the 

for the Poor. ■' 

Director and Council will, as occasion may require, 
give permission to some particular Inhabitants who 
request it, to lay in small Beer free of Excise with 
liberty to retail the same at a reasonable advance by 
the small measure. 

Thus done, enacted and published in our Council 
this 5th June, A° 1651, in New Amsterdam. 



ORDINANCE 

Of the Director and Council of New Netherland to prevent Smug- 
gling. Passed 28 August, 1651. 
[N. T. Col. MSS. 271. 3.] 

This Ordinance is not among tlie Kecords. The Substance of it is 
given in Van Muyven's Revised Laws, post p. 



NEW NETHERLAND. 123 



ORDINANCE 

Of the Director and Council of New Netherland regulating the 

Windmill. Passed February. 1652. 

[N. T. Col. MSS. V. 15.] 

Whereas for a long time past not a few com- preamwe. 
plaints have been made to us of the inconvenience 
to which the inhabitants are put because they can 
scarcely get their grain ground, or, if ground, cannot 
get it in such a state as it ought to be, for which reason 
the people are received with abuse, curses and threats, 
to providQ,against which as much as possible, and to 
prevent consequent disorder, it is thought proper, for 
the better accommodation of our good Inhabitants, supcrinten. 

o ' dpnt ot the 

to appoint a suitable person at a yearly salary to ^polSS. 
superintend the Hon"" Company's Windmill, subject 
to the following Conditions and Eegulations to be 
observed by every one : 

1. 
The Miller shall be bound and also undertakes as Dut'>s°f 

tiie Miller 

far as the Mill is concerned, to be at the service of 
all Inhabitants, without distinction of persons, and, 
Wind and Weather permitting, either by himself or by 
another qualified person, to serve them as far as he is 
able, both by night and by day, as opportunity may 
oflFer, according to the proverb — First come, first" 
served; also First come, first to be waited on; 
wherein no one shall consider himself preferred except 
only the Hon"'" Company which has rising 70 @ 80 
persons to provide with bread. 

2. 
None of the inhabitants, whether servant or Free- No^f,s?ca 

_,,, .-..,.1 *j.« j-T-w«. a-t the Mill 

man, shall be at liberty to carry any grain to tne wu^^ta 
Mill, neither shall the Miller receive any grain into 
the Mill, without first having obtained a permit at 
the Office of the Store, whereupon the Quantity and 
qualitj'' of the grain are set forth. 



124 



LAWS OF 



Fee for 
Permit. 



Toll for 
grindiog. 



3. 
In order to make the Olerk more willingly accom- 
modate, and more attentively wait on the Common- 
alty, One stiver shall be paid him for a permit for 3 
skepels and over ; half a stiver for a permit under 
3 skepels ; For toll on each skepel shall be paid three 
stivers in silver money, or good stringed Wampum, 
or commodities to the Miller's satisfaction. 



Miller to 
record Per- 
mits, and 
account for 
tlie Toll. 



Sniler not 
to be found 
ftvjltwittiif 
he refuse 
poor 
wampum. 



Scales and 
Weights to 
be placed la 
the MUl. 



Sacks of 
prain to 
contain no 
more than 
3 Skepels. 



The Miller shall register the permits received in 
order, whenever required by the Director and Council, 
to render an account of the Toll, to be»compared 
with the Clerk's Register or account book, and he 
shall not give credit to any one for toll, except at his 
own risk. 

5. 

Whereas the Revenue from the tolls ought to defray, 
besides the Miller's yearly salary, the expenses of the 
maintenance and improvement of the Mill, for which 
good pay is required, no person shall trouble or 
annoy the Miller or his man, by words much less by 
deeds, in case herefnse poor or unassorted Wampum, 
but herein apply the common Proverb — Many can 
carry more than one. 

6. 

To prevent frauds, evil reflections and especially 
afterclaps, Weights and Scales shall be placed at a 
proper time in the Mill, in order that those wishing 
to do so may deliver in their grain at the scale and 
receive it back again, according to the Eegnlatiou 
formerly made there, or according to circumstances, 
hereafter to be enacted. 

7. 

For the convenience of raising and lifting, no one 
shall be at liberty to bring more than three skepels in 
one sack to the Mill, or calculate less toll than for 
one skepel. 



NEW NETHERLAND. 135 

8. 
Finally, in order to prevent all disputes, the Miller, 
on his promise and word, is intrusted with the grind- 
ing of every thing at the stated rates, wherewith 
every one ought to remain satisfied ; but if on an 
extraordinary occasion any one would have the 
Meal very fine and twice ground, if it can be done tou tor 
without great inconvenience to others, he may be 8"°''"'«- 
accommodated, at the discretion of the Miller, with • 
one or two runs through (the mill) on payment of 
three pence per skepel. 

Thus done and enacted the February, A° 1652 
in the Council of the Hon*'^ Director General and 
Council of Neiv Netherland. 

P. STUYVESANT, 
LA MONTAGI^B, 
BKIAN KEWTOIf. 



ORDINANCE 

Of the Director and Council of New Netherland abolishing the 
Export duty of eight per cent on New Netherland Tobacco. Passed 

1652. 

[N. T. Col. MSS. XI. B5.] 

Note. — On the 4 April, 1652, orders were sent by the Chamber at 
Amsterdam to the Director General and Council of New Netherland 
instructing them not to collect thenceforth the Duty of 8 per cent on 
exported Tobacco, the growth of New Netherland. 

Such Ordinance is not among the Records. Tb. 



126 



LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland imposing a Duty on 
Merchandize imported into New Netherland from New England. 
JPassed, 1652. 

[N. Y. Col. MSS. XI. 37.] 



Complaints 
from New , 
Netherland. 



Duties on 
Inportationa 
from Vir- 
ginia or New 
EngUmd, 



Note. — The Delegates from New Netherland to Holland presented a 
Petition to the States General, 26 July, 1649, praying for redress of 
several Grievances under which that Province suffered, and suggest- 
ing among other remedies, an Exemption from Duties. "It is to bo 
remarked," they added, " that our Neighbours pay no Duties, nor any 
other charges, not even on the Wares they purchase from us, which 
amount to considerable ; so that a great deal of fraud is committed in 
this way because several ships go first to New England, and then skulk 
under our neighbours' wings.' ' They next complained that the English 
have been thus exempted for a long time past, from the Duty which tho 
Dutch were obliged to pay. The Directors at Amsterdam, in answer, 
dated 31 January, 1650, promised to instruct Director Stuyvesant to 
conform himself, for the future, to the Order and Kegulation hereto- 
fore made and enacted. N. Y. Col. Doc. I. 267, 337, 344. 

On the 26 April, 1651, they accordingly wrote hither as follows : 

" In order further to promote the population of Neiv Netherland, 
and to attract shipping to that place, we have Kesolvod, that you shall 
henceforth collect 16 ^ cent from all Goods, being Merchandize, 
coming from English Virginia or New England into New Netherland, 
and that you shall allow all Goods going thither from Neio Netherland, 
to pass free of Duty ; to the end that a stop may be put to the practice 
resorted to by some, of shipping their Goods to New England, and 
then bringing them to Netu Netherland under the smaller Duty, and 
that the Merchants sailing direct from here to New Netherland be not 
prejudiced." 

The Minutes of Council of 1651 being lost, the above mentioned 
Ordinance is not among the Records. Its history is explained by the 
preceding extracts. Tb. 



CONDITIONS AND REGULATIONS . 

For the Importation of Negroes from Africa into New Netherland. 
Granted 4 April, 1652. '*• 



Note. — A Provisional plan for the Trade, Colonization and Benefit 
of New Netherland was submitted by the Deputies of the West India 
Company in 1650, to the States General, in which it was recommended 
" that the Inhabitants of New Netherland shall be at liberty to pur- 
chase Negroes wheresoever they may think necessary, except on the 
Coast of Guinea, and bring them into New Netherland to work on 
their Bouweries, on payment of a duty of fi. per head. N. Y. 
Col. Doc. 1. 304. 

This recommendation was followed on the 4 AprU, 1652 by a despatch 
from the Directors at Amsterdam to Director Stuyvesant, in which 
they say : 

" In order to favor this Plantation the more, we hereby consent on 
the proposal of the Inhabitants there, that they shall be at liberty to 
bring in their own ships from the coast of Africa, as many Negroes 
as they shall have need of for the cultivation of the soU, and that on 
the Conditions and Kegulations herewith transmitted." N. Y. Col. 
MSS. XI. 53. 

These " Conditions " are not among the Dutch Records. But their 
tenor may be inferred from a document of a subsequent date (N. Y. 
Col. MSS. IX. 193), by which it appears that the merchants of New 
Amsterdam who were willing to embark in the Slave trade, were 
not to go farther west, on the coast of Africa, than Ardre, or at most 
to Popo Sonde, and were excluded from the entire of the Gold Coast, 
Cape Verd, Sierra Leone, the Pepper Coast and Qua Qua coast. 
Negroes thus imported were to be taxed Fifteen guilders a head, said 
duty payable in Tobacco or Beaver. 

These terms not having been considered sufficiently encouraging, 
no result, therefore, followed the concessions of 1652, and Fiscal Van 
Dyclc, writing on the 18th September of that year, says : " No request 
for Negroes has been presented from Patroons or Colonists here to 
my knowledge." Whatever Slaves were imported thenceforth into 
New Netherland from Guinea, were brought in Dutch ships belonging 
to merchants of Holland, specially chartered, commissioned or 
licensed by the Amsterdam Chamber of the West India Company, 
which had the control of the African trade. Tk. 



Colonists to 
import 
Negroea 
from Africa, 



Limits of 
such Trade. 



Duty on 
I^egroes. 



128 LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland against Illegal Trade 
in Powder, Lead, and Guns in New Netherland by Private persons. 
Passed April, 1652. 

[N. T. Col. MSS. XI. 53, 54.] 

Note. — On the 4 April, 1652, the Directors at Amsterdam transmitted 
to the Director and Council of New Netherland, a printed Ordinance to 
the above effect, the execution whereof was strictly enjoined. It is 
not among the Kecords, and seems, indeed, not to have been very 
strictly enforced, for the Directors at Amsterdam on the C June, 1653, 
say: 

"We have seen that you have been obliged, at the written request 
of those of Fort Orange and of the Colonie of Renselaerswyck, to 
connive somewhat in regard to the Edict enacted about contraband 
Goods. You ought to deal herein with a sparing hand, and take good 
care that through this winking no more ammunition be sold to the 
Indians than each one has need of foi the protection of his house and 
for obtaining the necessaries of life, so that this cruel and barbarous 
Nation may not be able, at any time, to turn and employ their weap- 
ons against ourselves there." N. Y. Col. MSS. XI. 83. Tb. 



ORDINANCE 

Of the Director and Council of New Netherland regulating the driv- 
ing of Wagons, Carts, &c., in New Amsterdam. Passed 27 June, 
1652. 

[N. Y. Col, MSS. 5\a. 20.] 

Fastanviiig The Director General and Council of Netv Netlier- 

th rough 

Amsterdam i^^d, iH Order to prevent accidents, do nereby Ordain 
proubited. ^-^^^ jjQ Wagons, Carts or Sleighs shall be run, rode 
or driven at a gallop within this city of Neiv Amster- 
dam, that the drivers and conductors of all Wagons, 
Drivers not Carts and Sleighs within this city shall not sit or 

to sit or " '^ 

thX^carta, staud ou them but now henceforth within this City 
(the Broad Highway alone excepted) shall walk by 
the Wagons, Carts or Sleighs and so take and lead the 

Penalty. horscs, ou the penalty of two pounds Flemish for the 
first time, and for the second time~ double, and for 
the third time to be arbitrarily corrected therefor and 



NEW NETHERLAXD. 129 

in addition to be responsible for all damages which 
may arise therefrom. 

Thus done and ordained in the Council of the 
Director General and Council of Neiv Netherland the 
27 June, 1G'52. 



ORDINANCE 

Of the Director and Council of New Netherland against boarding 
Vessels arrivi'ng at New Amsterdam before the same are entered. 
Passed 27 June. 1652. 

[N. Y. Col. MS8. XVI. 20.] 

Whereas the Director General and Council have i^eambie. 
certain information and knowledge that, notwith- 
standing the former Order and prohibition issued in 
the time of the Hon"'^ Director General Kieft, some 
Inhabitants attempt with skiffs, boats, canoes and 
other craft, to go on board of ships and yachts arriv- 
ing from Fatherland and elsewhere, before and sooner 
than such ships, yachts and Barks come to anchor, 
according to order, before this city New Amsterdam, 
whence many frauds and much smuggling can result 
and have heretofore arisen, to prevent which the 
Director and Council do Ordain that pursuant to a 
previous Resolution no one, of what quality soever 
he may be, shall repair with any Skiff, Boat, Canoe NoHWpsto 
or Other craft on board of any arriving Ships, or come 
on shore with any boat from such Ships or yachts, 
before and until such arriving Ships, Yachts or Barks 
have anchored before this city Neiv Amsterdam, and trntuthey 

«^ nave an- 

have reported to the Director General and Council f?o°nfof"iie 
whence thev come and under what commission, on ha?eVen 

«^ entered. 

pain of forfeiting such Skiif, Boat or Canoe and two penalty. 
pounds Flemish to be paid for each person who shall 
be found to have contravened these presents, and if 
hereafter it may be discovered that such persons, 

17 



130 LAWS OF 

yachts or canoes have conveyed any goods, packages 
or parcels to or from such vessels, they shall, in addi- 
tion to the foregoing fine, be arbitrarily corrected 
according to the circumstances of the case. 

Thus done in the Council of the Director General 
and Council of New Netherland the 27 June, A° 1652. 



ORDINANCE 

Of the Director and Council of New Netherland regulating the 
purchase of Indian Lands and vacating and annulling sundry grants 
and purchases therein mentioned. Passed 1 July, 1G52. 
[N. T. Col. MSS. XVI. 27.] 

The Director General and Council of New Nether- 
land, 

To all who see, read or hear these presents read, 
Greeting. 
Preamble. Wheeeas it is fouud by experience and in fact, 
that many Inhabitants of this Province, covetous 
and greedy of land, have, contrary to the Order and 
meaning of the Hon*^'" Directors of the Incorporated 
West India Company set forth in the Charter itself, 
and in the Exemptions of New NetJierland, as well also 
in other subsequent Orders and Eegulations, not 
scrupled heretofore and do not still scruiile, without 
the knowledge, order or consent of the aforesaid 
Directors, or their Deputies here, to purchase, barter 
or obtain by gift from the Natives, and by virtue 
thereof to pretend actual and real possession and 
property of many and extensive Tracts of Laud and 
them again, contrary to the prohibition of the afore- 
said Company or thfeir Ministers here, to sell and 
convey to others without making or causing to be 
made in the office of the Secretary of this Province, 
according to the Ordinance and Edicts, any record 
of such purchased or sold Lands in Avhole or in part; 



NEW NETPIERLAND. 131 

by which jnirchase, sale and conveyance of such 
Lands, without the knowledge and consent of the 
Hon''''^ Company and their Government here, not 
only are the above mentioned Directors injured 
and wronged in their Charter and feudal right of 
Eedemption, but also the Population, Cultivation 
and Planting of Boweries are delayed and retarded, 
because such Lands have for long years lain, and do 
still remain wild and waste, without any considera- 
ble improvement and settlement having been made 
thereon by the i)retended purchasers and proprietors ; 
besides, there are no Lands for sale except at an exces- 
sively high price, far above the value and rate at 
which the Director General and Council could here- 
tofore obtain them from the Natives ; Yea, some 
malicious and evil disposed persons^ have not scrupled 
to inform and acquaint the Indians what sum and 
price the Dutch or Whites are giving each other for 
small Lots, whence have resulted within a few years 
past many irregularities and more are to be appre- 
hended unless some remedy therefor be provided in 
time. 

Wherefore the Director General and Council of 
New Netlierland observing on the one hand the con- 
tempt of their well meaning Order, and on the other 
■hand the irregularities and pernicious consequences 
which will follow such purchases and sales and 
conveyances without the knowledge of the Lords 
Patroons and without proper Patents from the Direc- 
tor and Council, Therefore, the Director General and 
Council of New Netlierland, after mature deliberation 
and written communication with the aforesaid Direc- 
tors of the Incorporated West India Company, do JJ^pP^^^^ 
hereby expressly interdict and forbid all persons, of lindslrom 

T , . , ■ T t^6 Indiana, 

what quality soever they may be, directly or mdi- °j 1^,';^'^^,°° 
rectly from buying or attempting to obtain any ouri'"""" 
Lands from the Natives of this Province, much less 



13^ 



LAWS OF 



Grants of the 

Jtilaiidin tbe 
Bell Hale. 
Nut Uland, 
Ked Hook, 
tbe Lonq 
island FlaU, 

to Wnut/T 
Ton Tuiller ; 
of Amssj'oort 
Flat to 
Wolphert 
Gerritscn, 
find And7'ies 
Jfudde-; of 
Viinarisxe to 
J(ir.oO Wol- 
ptierfyrn ; of 
KaUshiU to 
Brant van 
Sl£chten- 
Iwrst ; 



Of the Netth 
glnckx to X. 
van Dinck- 
Inepeii; of 
Sloops bay 
and Oyster 
bay to (fovert 
Loocker- 
Tminj, and 
of lands 
occupied by 
Thcmas 
Chambers, 



Dpclared 
null and 
void, aDd 



by virtue of purchase or donation undertake to 
occupy, or sell or convey them to others, without the 
drevious consent or approbation of the Company or 
its Deputy here. 

In like manner also, do the Director General and 
Council of the Company, or their Deputy here as 
aforesaid, pursuant to the order and despatches of 
the above mentioned Directors, hereby dissolve, 
annul and make void all claimed or occupied pur- 
chases, sales, patents and deeds signed by order of 
the Director and Council and sealed with the Seal of 
the Province, of which class are the Island in the 
Hellgate, Nutten Island oi)posite the Manliattans, Bed 
Hoolc, both the small Flats on Long Island claimed by 
the former Director Wouter van Txviller ; the Great 
Flat, otherwise The Bay, or Amesfoort Flat with the 
lands adjacent claimed by Woli^hert Gerritsen and 
Andries Hudde; the Maize land, Flat and Valley of 
Canarisse conveyed by gift of the Indians to Jacoh 
Wolphertsen, to the serious damage and prejudice of 
the new village of Midwout; the lands of Kattsldll 
with those opposite, purchased and possessed, against 
the express command, order and prohibition of the 
Director General and Council, by Brant van Slecli- 
tenliorst; the lands of the JSetvsinclix purchased by 
Liibbert van Dincldaegen ; the lands of Sloops My and 
Oyster lay, called Matinnecongh , which the Natives 
declare were purchased by Govert Loockermans and 
Company; the lands occupied by Thomas Chanibers 
and lately purchased from Brant Aertsen Slecliten- 
liorst aforesaid, the claim of property in all which 
said enumerated Lands and in still others unknown, 
wherever situate within the limits of this Province, 
whether put forth in virtue of purchase or donation, 
is declared unlawful, null and void ; under condition, 
however, that to the Purchasers or pretended owners, 
shall be reimbursed and restored whatever they by 



NEW NETHERLAHD. 133 

fair account can show that they have paid and given 
for said lauds, so that the Director General aud Coun- 
cil aforesaid, as representatives of the Commissioners 
of the Hon*"'" Directors of the Incorporated West 
India Company, do, by right of Redemption belong 
ing to all Patroons, reserve and retain unto them- nestorcato 

^ ' the public 

selves the aforesaid Lands and all others of that i""°'''°' 
description, and pursuant to the Order and Instruc- 
tions of the aforesaid Directors, will allot and meas- 
ure out to all and every person, under proper Patent 
and conveyance, in real and actual property, as much Jf^J'/an^Ji? 
Land as the undertaker will and can cultivate and portfous""" 

to actual 

settle, on condition that he will renew the Fief with settlers. 
the Company and have the transfer of the land 
recorded here in the Secretary's office. 

And it being further notorious and well known f}l'^^°J 
that, in virtue of the above stated pretension, some aCo^e'"^ 

named per- 

of the above specified Lands are sold and conveyed ^°f^auy° 
to others, and therefore occupied, built on and rauK-'atr" 

their lands, 

cultivated, from which possession, though illegally ^^^^^a^' 
obtained, the Director General and Council are, 
nevertheless, not inclined to oust the actual occu- 
pant nor to frustrate his labor, but the Director 
General and Council hereby Ordain and command 
that such occupants and others, who thus far have no 
l)roi)er Patent and Deed of the Lands they possess 
and have cultivated, shall give in, within the term of 
six Aveeks after the publication and posting of these {^"n^J'jf^ior. 
presents, the quantity and extent of their Lands, and taling''out 

■^ ' J. ^ patents for 

petition for and receive a proper Patent and Deed of such Lands. 
the same, signed by the Director General, as presi- 
dent, and by the Secretary of the Province, aud 
sealed with the Public Seal, on pain of forfeiting his 
Lands and the right of possession he has thereto. 

Let every one be warned against loss. 

Thus done, resolved and enacted in the Assembly 
of the Director General and Council of New Nether- 



134 LAWS OF 

land, this Tirst of July, A" 1652, in Neiv Amsterdam. 
Eesumed and published the 2d of said month. 

KoTE. — This Law was enacted agreeably to express Instnictions 
transmitted by the Directors at Amsterdam, to the Director and 
Council of New Netherland to the following effect : 

"1C51. March 21. We observe that divers persons do not scruple to 
take possession, without any proper form, of all the best lands, with- 
out any determinate survey, as if the Company and their Agents there 
had no voice in the matter, and were ousted and dispossessed of their 
prerogatives. Wherefore have we deemed it expedient hereby to 
command you not to grant any lands to any person except under 
proper acknowledgment of the West India Company. And you are 
especially to bear in mind, that no niore land be granted in future to 
people than, after mature consideration of their circumstances, you 
shall judge tliey will be able, and intend to settle, till, and bring under 
proper cultivation. It appears by divers examples that, on the con- 
trary, title has been set up to many lands which, after sovei'al years, 
have not experienced the least improvement in population, cultivation 
building or planting, as we evidently see and are aware in the case of 
Cornelis Melyn, Wouter van Twiller, and others ; the aboyetiamed 
Melyn occupying an Island,'- seven to eight miles in extent, whereol 
only about eight morgens of land are under cultivation. And Wouter 
van Twiller is not satisfied with absorbing Nut Island-\ anillellffate, 
but he is endeavoring to appropriate and make himself master of tho 
Catskill ; in addition to which he has also laid hands on the two Flatts 
on Long Island, one called Twiller's and the other Carter's Flatt, 
containing together about ICOO @ 2000 morgens of land. IVol/ert 
Gerritsen and Andries Hudde have acted in a similar manner. They 
nave laid hands on full 1000 morgens of land on the same Island, not 
the 50"" part of which are they able to occupy. This is in no wise our 
intention, for in this manner title might be set up to many valuable 
lands, with vast pre-eminences, and the country, meanwhile, remain 
a desert. Wherefore, we expressly command you not to give nor 
grant any one more land than on the terms and conditions Ixereinbe- 
fore set forth. In regard to Long Island, it will be the most important 
and the best for the Company, in our opinion, until a fixed plan shall 
be decided on, to distribute to each person, according to his circum- 
stances and means for cultivation and plantation, as much land as 
shall be allotted to each Colonist." N. Y. Col. MSS. XI. 29. 

" 1052. April 4. We must enact a good law so that each person may 
be well placed and tlie Lands distributed with more equality than 
has been done heretofore, when every one seems to have acted just as 
he pleased ; and that without the knowledge of the Directors or their 
Ministers. For it is now found by experience that Wouter van 
Twiller, Olfert Gerritsen, Lubbert van Dincklaechen, Jacob Wolfcrt- 
sen and others have taken up and purchased from the Indians consid- 
erable tracts of land without our consent or knowledge, wliicli we 
consider is not to be tolerated by us. We, therefore, are of opinion 

* Staten Island. -f Governor's Island. 



NEW NETHERLAND. 135 

ORDINANCE 

Of the Director and Council of New Netherland reducing the Duty 

on Furs. Passed 4 September, 1C52. 

[N. T. Col. MSS. V. 51.] 

The Director General and Council having observed preamwe, 
the great expenses which they have annually to sus- 
tain for the support of the Civil government, the 
Military, the Church and School, and seen, on the 
other hand, the scanty Eevenue and Income thus far 
produced only from the Duty on Peltries and the 
small Excise on Tapsters, and the annually increas- 
ing charges, whilst on the contrarj% the Duties are 
diminishing, as it had pleased the Directors of the 
Incorporated West India Company at the Chamber 
of Amsterdam, to contract with some Merchants of 
Amsterdam not to exact more than 8 per cent on Bea- former 

^ duties on 

vers and Otters, whilst, howbeit, it was customary in ^"' 

that you give public notice to every person that no one shall attempt 
to purchase, or take possession of any Lands without tlie knowledge 
and approbation of the Company, and its Ministers, and that you 
vacate aU such purchases made previous to this time ; under condition, 
nevertheless, that they shall be reimbursed what they have paid 
therefor, so that the Company shall acquire the same by Redemption. 
WitJ? this view, however, that we are, and remain disposed to measure 
out to all persons as much Land as they wiU undertake to cultivate 
and settle, on condition of renewing the Fief with the Company. But 
our meaning is, that the land be not granted, as heretofore, ■with 
undetermined boundaries." K. Y. Col. MSS. XI, 54. 

In drawing up the preceding Ordinance, it will be seen that Director 
Stuyvesant followed too literally his Instructions, for, writing on the 
6 June, 1653, the Directors add : 

"The Edict which you have already published and posted up in 
regard to the illegal purchasing of Lands withou* the Company's 
knowledge, we have also examined, and had rather seen that you had 
not been so specific in stating therein the names of the persons, in 
order to remove all trouble and embarrassment here from the Com- 
pany's shoulders. You will see by the accompanying printed copies 
what correction we have made in said Edict, the execution whereof 
we most particularly recommend to your Honor. N. Y, Col. MSS. 
XI. S3. 

The corrected Ordinance, as printed, is not among the Records. Tb. 



136 LAWS OF 

the time of the Hon"" Mr. Kicft, of blessed memory, 
to exact 15 stivers from each merchantable skiu, 
which also was continued by us and has been paid 
by the majority of the Merchants here without offer 
ing any objections, until finally some Merchants in 
Fatherland claimed of, and obtained from the Hon'"'" 
Company the privilege by special contract of paying 
8 per cent, whereby then, such parties being more 
favored than those generally interested of this place, 
the Eevenues here are greatly diminished and cur- 
tailed. Thus, the Garrison being daily increased and 
the Eevenue decreased, nothing else can follow than 
a sinking into deep debt to the great damage of the 
Hon"* Company in this its Conquest ; Against which 
the Director General and Council being necessitated 
to provide as much as possible, have, for the common 
good of the Inhabitants and the maintenance of this 
country, found it necessary and expedient, pursuant 
to the Order and Instructions of the Hon''"' Directors, 
to allow the Inhabitants here as well as the Mer- 
chants and Traders to enjoy the same benefit and to 
command their Fiscal, first to collect eight per cent 
in kind from the quality of the Peltries, and in con- 
sequence of the heavy burthens under which- the 
Director General and Council find themselves labor- 
ing and considering that the Merchants thus far have 
been exempt from the payment of storage and of tlio 
one per cent of their imported merchandise, which 
according to- order, they are bound to pay here, the 
Director General and Council have resolved that 
juty on"*^ there shall be paid, in addition to the 8 per cent, four 
stivers a piece for each merchantable Otter, and 
Beaver skin and Bear and Elk hide, the thirds and 
halves reckoned in proportion. 

Thus done the 4th September, 1652. 



Furs. 



NEW NETHERLAND. 137 

ORDINANCE 

Of the Director and Council of New Netherland against Runners in 
the Mohawk or Senecas country. Passed 30 Seidember, 1G52. 
[N. Y. Col. MSS. V. 08.] 

Whereas the Director General and Council are cer- preamble. 
tainly informed that some of the Inhabitants in and 
about the Fortress Orange and those residing in the 
Oolouie of Renselaers Wych do not scruple, to the 
great hindrance and obstruction of Trade, to roam 
through the Mohawk country with quantities of 
Goods and Wampum in order to get, at their option, 
the Beaver at a cheaper rate, whence it will follow, 
in time, that the Indians, as in the South and else- 
where, will be encouraged in their laziness and instead 
of an increase of Trade being produced, serious 
mischief is finally to be expected from the running 
to the MoliawTi country with goods, as the Barbarians, 
for the sake of the Goods, might resolve to take the 
lives of those carrying them, as has frequently hap- 
pened heretofore to others. Therefore the Director 
and Council aforesaid, for the public safety, in order 
to prevent all new difKculties and for the preservation 
and benefit of their Honors' subjects, and the promo- g^^eraJey'd 
tion of Trade and Commerce, have considered it in Mohawk or 

Stineca 

the highest degree necessary seasonably to prevent gi^n^'g'^;*^ 
the running with goods to the Indian plantations or perSBion. 
Moliaivlc country; Wherefore the Director General 
and Council interdict and forbid as they do hereby, all 
and every, of Avhat state or condition he may be, from 
now henceforth, or after the publication or posting 
hereof, going, riding or resorting to the before named 
Mohaivli or Senecas country with any Goods or Wam- 
pum, however these may be called, without special 
order and permit of the Hon*"^ Director General and 
Council or their Commissaries ; all on a penalty of 
Fifty pounds Flemish to be applied as is customary, penalty. 
Dated as above. 

18 



138 



LAWS OP 



Preamble. 



Guns not 
to bo d!3- 
nlinrsed at 
Partridges 
or otiier 
Game 
within the 
limits of 
New Amsier- 
dam. 



Penalty. 



ORDINANCE 

Of the Director and Council of New Netlierland against firing at 
Partridges or other Game within the limits of New Amsterdam 
Passed 9 October, 1G52. 

[N. T. Col. MSS. XVI. 31.] 

Whereas, maDy guns are daily discharged and 
fired at Partridges and other game within the juris- 
diction of this city New Amsterdam and in the vicin- 
ity of the Tort, by which firing People or Cattle 
might perhaps be struck and injured, against which 
practise complaints have already been made, There- 
fore the Hon""' Director General and Council, in order 
to prevent accidents, expressly forbid and interdict 
all persons henceforward firing within the jurisdic- 
tion of this city or about the Fort, with any guns at 
Partridges or other Game that may by chance fly 
within the city, on pain of forfeiting the gun and a 
fine at the discretion of the Judge, to be applied one- 
third to the Poor, one-third to the Church and one- 
third to the Ofiicer. 

Thus done and enacted in Fort Amsterdam, in New 
Netherland, the 9 October, 1652. 



ORDINANCE 

Of the Director and Council of New Netherland, renewing the Ordi- 
nance against the Exporting of grain and against tlie consumption 
thereof by Brewing, Distilling, &o. Passed October, 1652. 

Note.— This is a Renewal of the Ordinance of 8 November, 1G49, 
supra p. 111. It is referred to in N. Y. Col. MSS. XVI. 33, where it 
is stated that the Ordinance was renewed in consequence of the influx 
of Immigrants from Holland, and to prevent a scarcity of Bread 
which was apprehended. 



NEW NETHERLAND. 189 

OBDINANCE 

Of the Director and Council of New Netberland, regulating the 
Baking and sale of Bread. Passed October, 1652. 

This is a Renewal of the Ordinance of the 8 November, 1649, supra 
p. 112, and was enacted in consequence of the circumstances already- 
mentioned. 



ORDINANCE 

Of the Director and Council of New Netherland regulating the 

Inspection of New Netherland Tobacco. Passed 18 February, 1C53 

[N. Y. Col. MSS. VI. SI ; XVI. 57.] 

First. As the Tobacco cannot well be inspected 
as good by the Inspectors, during the winter months, 
because it has not then for the most part thoroughly 
sweated, and cannot be conveniently handled, In- Tobacco 

•'not to be 

spectors are ordered not to inspect any New Netli- nS'tor" 
erland Tobacco iu the winter months of December, rXuary." 
January and February, unless for urgent reasons 
with the previous knowledge of the Director General 
and Council. 

2. Inspectors shall not be obliged to inspect any to bo 

'■ o I J Inspected 

Tobacco, ordinarily, except on Friday and Saturday, Tuesdays 
which days have been set apart for that purpose by SSys'T'""'" 
the Director and Council, or except in case of the Except m 

■*- cert!uu 

departure of any ship for Holland, when the Inspect- "'^^• 
ors are bound to accommodate the Buyer and Seller 
without delay. 

3. The Director General and Council Ordain for to bo 

brought 

pregnant reasons, that those who have any Tobacco l°ppofnted 

to inspect shall cause it to be brought before the J^XsU" 

Inspectors in Tubs or Casks, which Tubs or Casks t??ema"in'* 

must remain in a place, to be previously assigned for smppe'd! ' 
that purpose, after the inspection, until it shall be 
shipped hence. 

All Tobacco which shall be offered to the Inspect- Sfanifwe 

ors for inspection and shall by them, on their oath, be°bSn°ea° 



140 



LAWS OF 



Inspection 
fces.whcQ 
and h(tw 
payable. 



Virginia 
Tobacco, 
how to be 
Inspected. 



Inspectors 
to execnt 
the Law 
strictly ; 



Not to be 
obstructed 
in the per- 
formance of 
their duties. 



be adjudged and inspected as bad and unmerchant- 
able Tobacco, the Inspectors, to prevent fraud, shall, 
without connivance or respect of persons, at once 
burn, which they are expressly ordered and com- 
manded to do. 

The Inspectors shall collect their fixed fees imme- 
diately after inspection, and in case any person 
decline payment or pretend to have no money with 
him, the Inspectors may take their pay from the To- 
bacco at the price at which it is sold. 

The Inspectors shall be at liberty, at their discre- 
tion, to unhoop all the Tubs or Hogsheads coming 
here with Tobacco from Virginia and offered to them 
for inspection, in order that they may see into the 
middle of the Tobacco, where usually fraud occurs, 
which they are expressly commanded to execute, so 
that the purchaser may not be cheated and unknow- 
ingly send to his principal a bad as a good return. 

Which Order and Eegulation the Director General 
and Council of New Netlierland enjoin and command 
said Inspectors, to wit Isaac de Foreest and George 
Horns, strictly to observe, and, further, charge every of 
the Inhabitants, who shall have their abode within this 
Jurisdiction, to otfer said Inspectors no manner of hin- 
derance or molestation in the discharge of their office, 
but if need be, to lend them all reasonable assistance. 

Thus done the 18 February, A° 1G53. Netv Amster- 
dam in New Netlierland ; Present : the Hon'"^ Director 
General ; La Montague, Brian Nuton, Cornells van 
Tienhoven; Arent van Hattein and Martin Orieger, 
burgomasters. 



18 February, 1653. Resolved, that the Ordinances 
respecting Farm-servants and relating to the Brewing 
and malting of Grain be posted and published. N. 
Y. Col MSS. V. 101. 



NEW NETHERLANli 141 

ORDINANCE 

Of the Director and Council of New Ncthorland, for the more gen- 
eral planting of Corn and other Grain. Passed 26 March, 1C53. 
[N. T. Col. MSS. XVI. 31.] 

The Director General and Oonncil of New Nether- P'^niMe. 
land observing the population and increase of this 
Province as well by procreation and breeding, which 
we must thankfully acknowledge as a special blessing 
of God, as by the arrival of many passengers who 
have come over within two or three years in divers 
ships from Fatherland, and being informed and noti- 
fied by the last despatches from Fatherland that 
many passengers, both Freemen and Servants of the 
Hon**'^ Company, are again to be looked for with 
the expected return ships, if God will grant them a 
safe voyage ; And it being the bounden duty of the 
Magistracy, after invoking and imploring God's bless- 
ing, to exert every possible eifort for meatis whereby 
Agriculture may be promoted, in order that their 
Subjects entrusted to their care, being supplied with 
provisions and necessary maintenance, may not expe- 
rience any want especially of bread corn. Therefore 
the Director General and Council being informed, 
and even knowing, themselves, by their own obser- 
vation that many of their sub ects apply themselves 
solely to planting of Tobacco, which the Director 
General and Council neither disapprove of nor forbid, 
but in order to ijrevent the apprehended scarcity of 
Bread as much as in their power lies, the Director 
General and Council have, for the welfare of the 
country and for the better support of their subjects, 
resolved hereby to forewarn, order and command all 
Tobacco planters to plant or sow as many hills with pianterato 

■^ sow as many 

Maize, or as much land with Pease or other hard grain S^peSf 
for Bread, as they plant hills or fields with Tobacco, of Tobadct^ 
on pain of forfeiting Fifty guilders to be paid by Penalty. 



142 4 LAWS OF 

■whomsoever is found to fail herein, the one beinji^ 
not less profitable than the other, besides which, it is 
at the present time highly necessary. We also com- 
mand all our Officers, and magistrates and especially 
our [provisional Fiscal to pay strict regard and atten- 
tion that this our well intended Ordinance be observed 
and obeyed, as we such consider necessary for the 
good of the country and our subjects. 

Thus done, resumed and enacted in our Council in 
Netv Amsterdam the 20 March, 1653. 



ORDINANCE 

Of the Director aaii Council of New Netherland, imposing an 
additional Excise on Wines and Strong Liquors. Passed 2C 
March, 1653. 

[N. Y. Col. MSS, v. lis.] 

The Director General and Council having consid- 
ered the low state of the Treasury arising from the 
great expenses and charges which the Hon'"" Com- 
pany has to defray here, exclusive of the monthly 
pay and board of its Servants, for the Civil, Eccle- 
siastical and Military government, which have daily 
increased in consequence of the increase of the popu- 
lation, the Director General and Council having, after 
previous Eemoustrance and communication made 
long before this to the Commonalty of this city, taken 
into deliberation what supplementary means may be 
devised the least burthensome and onerous to the 
Inhabitants, have found no better, fitter nor easier ex- 
pedient than the imposition of some tax on the Wine, 
Brandy and Spirits which can best be spared yet are 
most consumed in this country, at a great advance 
both by buyers and sellers by the large and small 
measure. Therefore the Director General and Coun- 
cil have deemed it proper and necessary to tax Wine, 
Brandy and Spirits as follows, to wit : 



XEW NETHERLAND. 143 

All Wines, Brandies and Spirits which from this Addtnonai 

'- Excise oa 

day forward are laid in and retailed by the Tavern- 
keeper, and laid in, consumed or exported from this 
place elsewhere by any other person, whether Officer, 
Inhabitant, or Stranger, shall jjay, in addition to the 
ordinary Excise paid thereon heretofore, 

On a hogshead of French wine 8 guilders. wine, 

On the anker of Spanish Wine, Brandy, distilled ^^i"^?^^;^^ 
Spirits, four guilders. 

Larger and smaller casks and measures calculated 
in proportion.* 

Wherefore, to prevent all frauds, connivance and 
smuggling, the Merchants and Factors shall be noti- 
fied and told by the Fiscal to regulate themselves 
according to the tenor hereof and to furnish no N°'«;Tif 

^ Spirits to be 

Wine, Brandy or Spirits to any person before and mScS?^ 
until the same be duly entered and the aforesaid E^xcfs'e be'' 

•^ paid. 

Impost paid thereon, or in default thereof the said 
Impost shall be levied on them. 

Done, New Amsterdam in Netv Netherland this 26 
March, A" 1G53. P- Sttiyvesant, La Montague, Brian 
Newton. 

-'■' In the copy of this Law in N. Y. Col. MSS. XVI. 36 the following 
words are added : 

" "Which duty shall be promptly paid at the Receiver's Office, one- 
half by the seller and one-half by the buyer." Tb. 



144 



LAWS OF 



ORDINANCE 



City of New 
Ainstrrdam 
to be in- 
closed. 



All inhabit- 
ants to 
labor at 
the work, 
either 
personally 
or by sub- 
stitute 



One-fourth 
of the 
Inhabitanis 
to worlc 3 ' 
days in 
rotation. 



Of the Director and Council of New Netherland, providing for the 
fortifying of the city of New Amsterdam. Passed 12 May, 1653. 
[N. Y. Col. MSS. V. 121.] 

Agreeably to the previous Eesolutions of the 15 
March, it is Eesolved by the Director General and 
Council, in'conjuuctiou with the Magistrates of this 
city, 

First and above all, that the City of New Amster- 
dam shall be secured all round about, and placed in 
a state of comiilete defense, so that it may resist and 
oppose a sudden attack, and then that the Fortress 
be taken in hand and repaired. 

In order to accomplish this in the best and speedi- 
est manner, it is Eesolved by the Director and Council, 
that the Burghers and Inhabitants, together with the 
Mechanics and Laborers shall, either in person or by 
other suitable parties in their stead, generally assist 
and labor at the work, and not desist therefrom until 
it be completed and put in such a state of defeuse 
that the good Inhabitants of this city, their Avives, 
their children and property may be protected against 
a sudden attack and incursion, which may God gra- 
ciously avert. 

And in order that the whole may be effected and 
performed with greater i)recisiou and regularity, 
and that good care may be taken by the Director 
General and Council that the work be well and or- 
derly accomplished, it is Eesolved and determined 
that in prosecuting the work a part shall be employed, 
to wit: that one-fourth part of the Inhabitants, 
whether Burghers, Merchants, Mechanics or the crews 
of ships, sloops in harbor or to come there, shall each 
be employed three consecutive days on the aforesaid 
work, as by the Director General and Council and 
Burgomasters and Schepens shall jointly or severally 



NEW NETHERLAND. 145 

be ordered and commanded, on pain of 25 Oarolus Penalty, 
guilders to be forfeited for the first time by whomso- 
ever shall oppose the Order and Eesolution conjointly- 
adopted by the Director General and Council and 
Magistrates, or the command of the person acting 
for the aforesaid Council or Magistrates; for the 
second offense, the opposer or unwilling person shall 
remain deprived of his Burgherright, and if he con- 
tinue a third time contumacious and unwilling, he 
shall be arbitrarily punished and banished out of this 
Province. 

Further, in order to prevent all abuses and excuses, feTdStsof 
it is Eesolved, that the Hon. Director General and ^^°^^- 
Council and the Magistrates aforesaid shall alone be director, 
Superintendents, but each of them shall at his own ual^ S?^' 
expense and in his turn, furnish one man for the "^n. 
work ; also, the Inferior oflBcers of the Hon'"'* Com- omoera' 
pany without any exception and the Free Negroes, NlffScs! 
every fourth man in his turn, shall help to labor at ^a"- 
the afo.resaid works, and continue thereat until com- 
pleted, on the like penalty. 

Thus resolved and enacted by the Director General 
and Council in conjunction Avith the Burgomasters 
and Schepens in Neiv Amsterdam, the 12 May, 1653. 

19 



146 LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland, directing returns to 
be made of all Grain in Fort Orange and the Colonie of Eenselaers- 
■vvyck. Passed 30 May, 1653. 

[N. Y. Col. MSS. V. 128.] 

Preamble. The Dircctor General and Council having further 
considered the present scarcity of Bread corn, have 
not only resolved again to write to the Court of Fort 
Orange and Colonie Eenselaerswiclc and to request 
stricter attention and execution of our previous Ordi- 
nances in regard to the malting and brewing and 
needless baking of Bread grain, but have in addition 
concluded to write to, and authorize the aforesaid 
Courts respectively to qualify two or more persons 
from among themselves who shall, as well in Fort 
Gm?™[i°' Orange, Bevertvycic as in the Colonie Benselaerstvyck, 
ikvf^vcK' visit the Burghers, householders and especially the 
^S*' Bakers and Brewers and ascertain what stock of 
Bread corn is remaining with each of them ; Com- 
manding the inhabitants of the aforesaid respective 
Courts that they not only furnish satisfactory infor- 
mation to the aforesaid respective Courts or their 
Deputies, but also for the present time on demand 
Inhabitants of thc aforcsaid Courts render an account and proof 

to state how ■■■ 

ofmeir""^ to them or their Deputies where they send their grain 
to, or in what manner they consume the same. 

Thus done, resolved and enacted by the Director 
General and Council of New Netherland, this 30 May, 
1653. 



NEW NETHERLAND. 147 

RESOLUTION 

Of the States of Holland and Westvriesland, declaring that no Appeal 
can lie fiom Judgments pronounced in New Netherland. Dated the 
4lh August, 1653. 

[Resolatiea van Holland, 1653, p. 442.] 

On the requisition of Mess" the deputed Ooun- preamble, 
cillors is read in Court a certain opinion rendered by 
the Attorneys-general Paats and Stryen on the 
petition lately presented to their Honorable Great 
Mightinesses by Jan Klaasz. Heukelum, cum suis, 
owners of the ship called the Yaarwel, and it is 
besides stated that Mess" the deputed Councillors 
had approved of said opinion, which therefore might 
be regarded as the opinion of the abovementioned 
deputed Councillors, in fulfillment of their Hon"'^ 
Great Mightinesses' order bearing date the 20"^ June 
last, which being considered, it is 

Resolved and concluded that a "Writ of Appeal from ^°p'^['i'°*' 
Judgments pronounced in Neiv Netherland can not me^ts'p?!-" 

nouiiced In 

be properly, and ought in no case be granted by ^ZtT' 
their High Mightinesses, and that, therefore, care ^'^'""**- 
shall be taken at the General Assembly to revoke 
such writ of appeal as Mr. Hendrick van Cappelle 
tho Ehyssel obtained on the 10'" April last from their 
High Mightinesses in similar circumstances, the same 
having been issued without authority and contrary 
to all good order. 



148 



LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland, further regulating the 
price of Wine and Brandy. Passed 18 August, 1653. 
[N. Y. Col. MSS. XVI. 37.] 

Preamble. Wheeeas it appears by the Invoice that Wines are 
dearer in Fatherland than formerly, and consequently 
that the Tavern keepers purchase them here at a 
higher price; moreover, that they by virtue of 
the preceding [Ordinance] are somewhat higher 
taxed, as by the tenor thereof appears. Therefore 

SiXvine!"^ the Tavernkeepers are hereby allowed to sell the 

StiwiXd!^ French "Wine at Twenty-four stivers, the Brandy and 
Spanish Wine at Fifty stivers, or the gill at seven 
stivers, without having the power to exceed the afore- 

penaity said pricc, on pain of forfeiting their business and 
Ten pounds Flemish in addition. 
Dated 18th August, 1653. 

Note. — The Law and policy of fixing a Maximum, first introduced 
by the Ordinance of 5 June, 1651, {supra p. 100) was disapproved of 
by the Directors at Amsterdam in their despatch, dated 12 March, 1654. 

" Equally impracticable," they write, "is your Honor's Ordinance 
fixing the price of Provisions, Bread, Beer and Wine. We cannot 
doubt but you have discovered by experience itself, the impossibility 
of executing such a Law, as it cannot create anything else than groat 
trouble and strife, both in regard to the Tradesmen and the Tapsters, 
Tavernkeepers and other buyers and sellers. In order to prevent 
this in future, we have resolved hereby to command you strictly to 
regulate yourselves agreeably to the laudable Customs and Ordi- 
nances of this City, heretofore sent you, at least so far as the nature and 
circumstances of that country and of its Inhabitants will or may in 
any wise possibly permit. N. Y. Col. MSS. XII. 1. Tb. 



NEW NETIIERLAND. 149 



ORDINANCE 

Of the Director and Council of New Netherland, fixing the prices of 
certain Imported goods. Passed 19 November, 1653. 
[N. Y. Col. MSS. rv. 445 ; XVI. 38.] 

The Director and Oonncil of New Netherland. 

To all those who shall hear or see these Presents 
read, Greeting, make known. 

That in the month of September last their Deputies OT™ed by 
and the Delegates of the respective Colonies and 1^%^^ 



Courts of New Netherland enacted, published and 
posted divers Ordinances and Eegulations* touching 



® These Ordinances are not among our Records, neither is there any- 
minute of the Assembly at Tvhioli they were enacted. They appear to 
have been transmitted to the Directors at Amsterdam, and their tenor 
may be inferred from the despatch of the latter dated 12 March, 1654, 
who disapproved of them, in the following terms : 
■ " The Resolutions adopted by your Honor at the convoked Assem- 
bly (Lantdach) have appeared to us singularly strange and unexpected, 
and still more strange the publication thereof, without waiting for our 
advice or approbation. And first, you have caused to be published 
that all Traders shall hot sell henceforth their Merchandizes and 
Goods (Indian trade only excepted) any higher than one hundred per 
cent advance above the value of the Goods as entered in the Invoice, 
witliout being at liberty to add tliereunto the freight, duty, and other 
charges. This is an Ordinance, indeed, as impracticable as injurious 
in the highest degree to that State, being a sure means not only to 
banish Trade and, at the same time to deprive the Company of a great 
portion of its Revenue both there and in this country, but also to 
obstruct population and agriculture. For who is there but knows 
that the expectation of gain is the greatest spur to induce people to 
go thither, as experience hath already sufficiently demonstrated. On 
the contrary, the dread of small and uncertain profit discourages and 
deters people, as would, certainly, be the case whenever thej' arrived 
there witli their cargoes on these terms. For, they would incur great 
danger that their wares would be bought up on which the heaviest 
expenses fall, among which are included those that pay sixty guilders 
and more per cent in freight, duty, convoy, &c., exclusive of insurance 
and the dangers of the seas. What profit such merchants would 
derive, can easily be calculated. We could here adduce other and 
more cogent reasons, but as we are of opinion that Trade cannot be 
subjected to the least constraint or limitation, but must be free and 
unshackeled, as is the practice among all Nations and peoples, so have 



Netherland 



150 



LAWS OF 



Against the 
high rate of 
Goods. Pro- 
duce and 
Wages, to 
be obeyed. 



the great and excessive dearuess of all sorts of Mer- 
chandizes, Provisions, Grain and Laborers' wages, 
■wjiich well meant Orders and Eegiilations, published, 
enacted and made known to all by preceding Edicts, 
the Director General and Council still understand 
shall be promptly observed and obeyed without any 
connivance, dissimulation or favor on pain of the fine 
in the Edicts more fully expressed. But whereas the 
last arrived Passengers, Merchants and Traders were 
not preadvised in the matter of the entry of their 
Goods and Wares, and therefore have entered their 
Wares and Merchandizes according to their previous 
custom, besides which are to be taken into consider- 
ation the great dangers of the Sea, the heavy insur- 
ance and the long time the Goods and Merchandizes 
have remained in the Ships whereby they have been 
subjected to considerable leakage and loss ; All which 
being Considered by the Director General and Coun- 
cil, they are fully of opinion that the Merchants could 
not obtain a living with one hundred per cent above 
the entry on the Company's invoice at present, there- 
fore not to annul absolutely the previously enacted 
Ordinance, the Director General and Council have, 
for the present time thought it best and necessary to 
appraise some Goods and Merchandizes as follows : 



Prices of 

Shoes, 

Stoclungs, 

yoap. 

Candles, 

Litiuora, 

Vinegar, 

Kails, 

Wines, &c. 



fl. stiv's. 

A pair of men's shoes from 8 @ 12 size, 3 5 

A pair of Iceland stockings, 36 

A firkin of Soap at, 20 guilders 

A can of salad oil, 1 10 

A pound of candles, 12 

An anker of distilled liquor, 32 

An anker of Vinegar at, 16 

we judged such (law) to be unnecessary. And it is not to be doubted 
that the exceedingly high prices will, with the increase of Trade, and 
importation of every thing in abundance, also cease and disappear in 
time." N. Y. Col. MSS. XII. 1. Tb. 



NEW NETHERLAND. 151 

fl, stiv's. 

An ell of Duffel cloth to be sold to Christians 
no higher than, 3 10 

One hundred lbs. of nails, 30 

An anker of Spanish Wine at, 40 

An anker of Brandy at, 44 

A hogshead of French Wine at, 110 

What further regards the Goods and Merchandizes 
which are not specified nor appraised herein and some 
which cannot be appraised, such as assorted Linens, J?"J,"„'^ 
Worsted stockings, &c. the sorts whereof are, some of 1"™!^"^ 

,-,,,, lo be exhib- 

them, finer and better than others; also, all materials ^'^^'era'aii 
and necessaries required for Bouweries, and house- 
keeping, all too many and too numerous to be men- 
tioned here, the Director General and Council Ordain 
that the true Invoice of the actual first cost thereof 
and of all other Merchandizes, by whatsoever name 
called, shall be shown and exhibited to the purchasers, 
on their demand, and the Seller may ask from the 
Buyer, for the present time, in consideration of exist- 
ing dangers and heavy assurance. One hundred and f^"^^ f J|°4''|j 
twenty per cent over and above the first and actual Knee." 
cost, and no more, upon the penalty and fine more 
fully set forth in the previously enacted Edicts. The 
Director General and Council hereby giving notice 
that this Ordinance and Eegulation shall continue Ltmitatiou 

of th.e Law 

only for the present time, and until further Order 
from Fatherland, and no longer. 

Thus done in the Assembly of the Director Genera 
and Supreme Council, in Fort Amsterdam in New 
Nefherland, this 19 November, A° 1653. 



152 LAWS OF 



OKDINANCE 

Of the Director and Council of New Netlierland fixing the rate of 
wages to be paid to Carpenters, Masons, &c. Passed , 1653. 

NoTB.^We have no copy of this Law, and the only knowledge we 
possess on the subject is derived from the despatch of the Directors 
at Amsterdam to the Director and Council of New Netherland, dated 
12 March, 1654, in which they remark : 

X" Equally impracticable is your Honors' second Ordinance, viz. : 
Lowering and Fixing the price of the day's wages of Carpenters, 
Masons, &c., . . . whom you have indiscriminately rated at a certain 
day's pay, some of whom are, nevertheless, cheaper at Thirty stivers 
than others at Twenty stivers a day." N. Y. Col. MSS. XII, 1. This 
was one of the Laws enacted by the Assemby lield in September, 
1653. Te. 



ORDINANCE 

Of the Director and Council of New Netherland regulating the publi- 
cation of Bans of Matrimony. Passed 19 January, 1654. 
[N. T. Col. MSS. IV. 446 ; V. 197 ; XVI. 40.] 

The Director General and Council of New Nether- 
land, 

To all who hear or see these presents read, Greet- 
ing make known. 

That we understand and are certainly informed by 
the report of our Fiscal and others as well as by 
letters from Gravesend dated 18 January, 1654, that 
the Magistrates there have presumed and undertaken 
publickly to post notices of Marriage in regard to 
persons both of whom are, and- for a long time have 
been domiciliated in and about this city of New 
Amsterdam, far beyond the district of the aforesaid 
village, and whereas such is in direct contradiction 
to both the Civil and Ecclesiastical Law of the United 
Netherlands, which not only the abovementioned 
Magistrates of Gravesend but also all other Colonies 
within this Province are by contract and oath bound 



NEW NETHERLAND. 153 

to observe ; Therefore, the abovementioned Director 



General and Council order and notify the aforesaid iiS?endid' 
Magistrates of Gravesend and all others within this v^llift 

^ Towns 

Province, to annul such posting of intentions of p,fr"Mdo 

-•«-. -1 --i-i /> .1-t 1 "Ot reside, 

Marriage, and on sight hereof to withdraw the same, f^^^"^'^ 
and in all cases to proceed with and confirm no such 
Martiages, either privately or publickly, before and 
until such persons, according to Netlierland style, Ma"?i^e3 
have entered and received their bans and proclama- li^hllSniy 

^ In places 

tions of marriage where they are dwelling and have u^ltii^ 
resided the last years. 

Thus done in the Assembly of the Director and 
Council of Neiv Netlierland, this 19 January, A" 
1654, New Amsterdam. 



ORDINANCE 

Of the Director and Council of New Netlierland, imposing Duties on 
Indian Goods, Wines, Brandy, &o. Passed 28 January, 1654. 
LN. T. Col. MSS. IV. 447 ; V. 203 ; XVI. 41.] 

The Director General and Council of Neiv Netlier- 
land, 

To all those who see these presents or hear them 
read. Greeting, fliake known. 

It is known to every one that according to the ^^'^^^^ 
general contracts concluded by the Skippers and • 
Merchants with the Hon"'" Company, that all persons 
are bound to deliver into the Company's store the 
Goods they take on board and bring hither, and to 
pay thereon to the Director General and Council here 
one per cent and so much more as, before the arrival 
of the ships may be imposed thereon by the Director 
General and Council, which one per cent the Director 
General and Council have not hitherto collected and 
it was not, indeed, possible to be calculated on account 
of the variety of the goods, besides it might create 



154 



Duties on 

Indian 

Goods. 



Brandy, 
Wine, 



Foreign 
Eeer, and 

Salt. 



LAWS OF 

some complaint and increased dearness even of the 
necessary goods, such as Stockings, Shoes, Linen 
shirts, Cloths, Soap and other articles. The Director 
General and Council experiencing, then, the low state 
of the Treasury, and the necessity of finding some 
means by which the Civil, Ecclesiastical and Military 
service may be supported and maintained, are there- 
fore come to the conclusion in place of one per cent 
which is due by all Merchants in general from their 
cargoes and Merchandizes, to impose something rea- 
sonable and tolerable only on the Indian cargoes and 
less necessary merchandize, such as Wines, Brandies, 
Liquors and Foreign Beer and Salt, which articles 
although least necessary, render the most gain and 
profit and are usually paid for in cash ; so that the 
Traders and Merchants henceforth, in the place of 
one percent on their general cargoes, shall be obliged 
to pay only on the Indian Cargoes and less necessary 
goods in manner as follows : 

fl. etiv'3. 

For one ell of Duffels, 2 

For one ell of Woolen cloth or carpeting of 
which Indian coats are commonly made, . . 2 

For one Indian coat made of Duffels, cloth 
or carpeting , 8 

For one hundred lbs. of Kettles, 3 

For one dozen blankets, 4 

For one anker of Brandy, Spanish wine, or 
distilled Liquors, 3 

For one hogshead of French wine, 6 

Smaller and larger casks in i)roportion. 

For one tun or half pipe of Foreign beer, 3 guild's. 

For one skepel of Salt, 20 



Which Duty shall henceforth be paid, as the staple 
right, promptly at the General office, or at least 
proper security for the payment shall be given to the 



NEW NETHERLAND. 155 

satisfaction of the Eeceiver, before the abovemen- 
tioned aud other cargoes shall be removed from 
the Hon"'^ Company's store. 

In respect to the remaining goods which are f/°^^J?" 
numerous and various, they are hereby free and erTt'ea™' 
exempt until further Order and Eegulation, from the 
indebted one per cent, in order to be, like the other 
merchandizes imported into this Province, sold and 
disposed of to the satisfaction of the Trader ; but the 
merchandize which will be exported or sent out of fJ^^J'to'* 
this Province or the government thereof, shall aTreSy''^' 
promi)tly pay the Duty or Impost heretofore laid 
thereon. 

Thus done in the Assembly of the Hou'''^ Director 
General and Supreme Council holden ia Fort Amster- 
dam this 28 January, A°-1654. Resumed aud pub- 
lished 2 July. 



imposed. 



ORDINAlSrCE 

Of the Director and Council of New Netherland against Pirates and 
Vagabonds, and requiring Strangers to report and give an account 
of themselves. Passed 8 April, 1654. 

[N. Y. Col. MSS. IV. 448 ; v. 235 ; XVI. 43..] 

The Director General and Council of Neiv Nether- 
land, 

To all those who shall hear, see or read these 
Presents, Greeting, make known. 

Whekeas we are certainly informed and also indeed preamwo. 
experience that some Pirates and Vagabonds are, 
under what commission or pretext is to the Director 
General and Council unknown, frequenting Long 
Island and the Mainland between this Province and 
the Province of our Neighbors, said Pirates being 
also, as we are informed and told, declared Eovers 
and Vagabonds by the neighboring Governors and 
Magistrates of New England, and therefore denied, 



156 



LAWS OF 



Pirates and 
Vagabonds 
not to be 
harbored, 
concealed 
or sup- 
plied with 
necessaries, 



But to be 
denounced 
to the 
nearest 
Magistrate. 



Penalty. 



within their jurisdiction, all countenance, lodging, 
asylum and maintenance, and are accordingly to be 
considered as Eunaways and Transports from New 
England; which Pirates and Vagabonds have not 
scrupled to molest the good People of this Province 
at the Flatland and plunder them of their property, 
whereof divers proofs are seen and heard, both now 
and last year, that such were perpetrated on various 
Inhabitants. And whereas the Director General and 
Council are certainly informed and told that said 
Pirates and Vagabonds are countenanced, favored, 
harbored, entertained and supported by Subjects and 
Inhabitants havingfixed domicile within thisProviuce, 
and are by that means so encouraged and incited 
that some of them have dared not only to frequent, 
examine and to spj^ into the outside Villages, but 
even this City under the color and guise of Travelers, > 
against which the Director General and Council wish- 
ing as far as possible and ijracticable to provide, for 
the advantage of the Inhabitants, have considered 
it highly necessary to enact against the same the 
following Ordinance and Eegulatiou : 

First. The Director General and Council of New 
Netherland order and command all their Subjects of 
what nation or quality soever they may be, without 
any exception, not to hold any conversation with 
such Pirates and Vagabonds, much less harbor, con- 
ceal or hide them, or to accommodate or provide 
them with any necessaries, but in case anyone may 
receive any communication or knowledge of the 
whereabouts of such Pirates and Vagabonds, or 
where they may lodge, or sojourn, the same promptly 
to notify and to make known to the Magistrates 
of the nearest Village and Court, on pain of the 
confiscation of all his goods, and of being declared 
an enemy of the State and banished out of the 
country. 



NEW NETHERLAND. 15' 



Secondly. All Maftistrates of tbe respective Vil- Magistrates 

•' " ^ to establish 

lages within this Province are hereby recommended, Splgolfd 
each -within his jurisdiction, to establish and to main- 
tain such order, watch and place of Rendezvous as 
they think necessary for the security of the good 
Inhabitants of said place, according to the circum- 
stances of the locality, and all Inhabitants are hereby 
ordered and charged promptly and without any gain- 
say to comply with and obey such order of the 
Magistrates, and at their command promptly and inhabitants 

^ ' x- JT .7 to pursue 

immediately to pursue, attack and capture, if possi- |"ratlfan'd 
ble, such Pirates and Vagabonds, on pain as afore- ^^^''°'"'^- 
said. In order the better to encourage the good 
Inhabitants in this their duty, the Director General 
and Council promise the sum of One hundred dollars ^^^^^^^^^"^ 
for every Pirate or Vagabond who will be delivered 
into the hands of the Director General and Council 
or their Fiscal. 

Thirdly. In order that the preceding may be the 
better practiced and observed by the good Inhabitants 
of this Province, the Director General and Council 
order and command that all persons who have no strangers 
domicile within this Province of Neiv Netherland and paSisftom 

the Gov- 

arrive in any Village or house in this country, shall MSILtrate 

be bound, when required by the Magistrate, Officer wbenceihey 

of Justice, or any Burgher or Inhabitant, to exhibit 

a Pass and re-pass from the Governor or Magistrate 

whence he comes and where he resides, and if any 

one be found without a Pass, he shall be examined J,?,'^""! 

and heard by the Magistrate as to whence he came SSSfnrf''^ 

T T . T . . and prop- 

and for what purpose and busmess he is come mto f^^^f^f 
the said Province of Neiv Netherland, in order, accord- 
ing to the circumstances and facts of the case, to be 
so disposed of as shall be found proper, and that the 
aforesaid may be the better obeyed, all Inhabitants strangers 

•^ ^ not to be 

are commanded not to lodge any unknown Strangers }jf,f„^t 
without first making known to the Magistrates or Magistrate. 



158 



LAWS OF 



Penalty. 



Guns not 
to be difi- 
cbarged 
between 
Sunset and 
Sunrise, 
unless In 
case of a 
Baid. 



Signals In 
sucU cases. 



Officers of the place the name of such arriving trav- 
elers or strangers, and that under a fine of Twenty- 
four guilders. 

Furthermore, In order that every one may be the 
better, and Avith more certainty, preadvised and 
■warned of any raid and impending danger, the 
Director General and Council order and command that 
no person shall fire a gun within this Province at 
night between sunset and sunrise, on pain of forfeit- 
ing One pound Flemish for each shot, unless some 
appearance of a raid be manifest, in which case every 
one is not only permitted, but is hereby commanded 
by the dischai-ge of his gun three times successively, 
as quick as possible, to give an alarm of, and to 
make known the threatened raid, which alarm being 
heard and perceived by the nearest Watch, Village 
or family, such Watch, Village or family is hereby 
commanded to do the like, in order by that means to 
make known the raid to all Watches, Villages and 
families, to the end that every one may be on his 
defensive and appear each under his competent 
Officer, at the appointed place of Eendezvous. 

And that no person may plead ignorance, the Di- 
rector General and Council Ordain that this general 
Order shall be sent every where throughout this Prov- 
ince of Neiv Netherland, so that it may be published, 
posted and enforced by the Magistrates of the respect- 
ive Colonies and Villages, and the contraveners there 
and e^ewhere may be duly proceeded against accord- 
ing to the tenor of this Ordinance. 

Done in the Assembly of the Hon*"^ Director Gen- 
eral and supreme Council holdeu in Neiv Amsterdam 
the 8 April, A" 1654. 



NEW NETHERLAND. 159 

ORDINANCE 

Of the District Court of Breuckelen, &o., for the better defense of the 
Dutch Towns on Long Island. Approved 8 April 1654. 

[N. Y. Col. MSS. V. 240 ] 

At a meeting of the Gentlemen of the Court of 
Breiiclcelen, Midwout and Amesfoort, with those of the 
Court Martial, the 7 April 1654, in Breuclielen. 

First. Those of the Worshipful Court and Court 
Martial are met to complete the oflBcers of the Com- 
panies of the said places. First, for Midwout, under ^ii^J°- 
Serjeant Jan Stryclcer, are chosen Corporal Daniel 
Terneur, and Lance Corporal Theunis Hilbrantsen, 
and for Cadets, Luycas Eldertsen and Sendrick Joris. 

Secondly, in the Village of Amesfoort under Ser- f^i^'^- 
jea-ut JElbert Elbertsen, i'ov GoTT^OToi, Willem Gerritsen. 

Thirdly, the duty of going on guard is imposed on ;^^},f/[^''b? 
every Person in his quality, and on one of the Ruling ""^uard. 
Schepens at his own discretion, trusting in time of 
necessity to his zeal aud willingness. 

Fourthly, in case any raid is made by any Pirates, piS!"' 
Eobbers or others who would wish to Inflict injury 
aud damage on us, on any Villages, Hamlets or theij: 
Inhabitants under our jurisdiction, no one at or on 
Long Island, of what state or quality he may be, Noper- 
shall be exempt in case of resistance, if he belong to exempt. 
the above named district, under the penalty of six penalty 
guilders ; one-half for the Officer aud the other half 
for the Court, or an arbitrary correction, at the dis- 
cretion of the Judges according to the exigencies of 
the case. 

Fifthly, in the towns of Breuckelen, Midwout and mInTo'uiJS 
Amesfoort and places dependent thereon, every third ofniJeSfty. 
man shall be bound to hold himself in readiness 
when necessity demands, to repair with his already 
appointed Officer or his substitute, to the place where 
he is commanded to go. 



160 



LAWS OF 



The third 
mail to be 
selected 
by lot. 



Signal in 
case of 
danger. 



Penalty for 

needless 

alarm. 



Approval. 



Sixthly, each Officer in his station and Village or 
Hamlet shall have lots drawn, in order to designate 
the third Man, and whosoever draws the lot, shall be 
bound to hold himself in readiness, without any gain- 
say, at the prescribed time. 

Seventhly, each Inhabitant in the above named 
District on Long Island, discovering any Enemy at 
night, shall fire three shots to notify those of the 
nearest place, who are to regulate themselves accord- 
ingly, as aforesaid. 

Eighthly, Whosever at night by firing unnecessa- 
rily creates an alarm, shall forfeit the sum of six guild- 
ers, or be arbitrarily corrected as mentioned in the 
fourth Article. 

The aforesaid is submitted for the Common good 
and Peace of the Inhabitants of Long Island, for the 
approval of the Eight Hon"'^ Director General of 
New Netlierland. 

(Signed,) Fredrick Lubbertz, Jan Snedecker, Nico- 
laes Stillwell, Cornelis de Potter, Albert Cornelissz, Jan 
Stryclcer, Albert Elbertsen, William Bredenhent. 

Lower stood : 

The above agrees with the Original thereof, remain- 
ing in my hands, which I witness, 

Davidt Pbovoost 'Eoi. Pub. and Scribe of said 
Place. 

The preceding being read and examined by the 
Director General and Council, the aforesaid Ordinance 
is praised and approved by the Director and Council. 

Done at the Meeting of the Hon"'^ Director Gen- 
eral and Council holden at Neiv Amsterdam the 8 
April. 

(Signed,) P. STUYVESANT. 

Lower stood : 

By Order of the Director General and Supreme 
Council. 

(Signed,) Cokn^blis Van ErrrvBif, Secretary. 



NEW NETHERLAND. 161 

ORDINANCE 

Of the Director and Council of New Netherland providing additional 

Works for Fort Amsterdam. Passed 14 June, 1654. 

[N. T. Col. MSS. V. 277.] 

. The Director General and Supreme Council having Preamwe. 
taken into serious consideration the daily Eumors 
and menaces with which this Province and especially 
this Capital and'our residence the city of New Amstei'- 
dam, and its Fortress are, if not threatened, at least 
warned, deem it their bounden duty to deliberate on 
all possible means and them promptly to employ, for 
the preservation and protection of this city and its 
Fortress against any hostile assault and force, for the 
security of the whole country, for the honor of our 
nation and the supreme magistracy thereof; There- 
fore do the Director General and supreme Council 
aforesaid find it highly necessary not only to repair gj^^gf"" 
the Works constructed last year, but also first and !'»''«*• »■"* 
foremost, in addition to the repair and strengthening 
of the Fort, likewise to make some other new 
Trenches and interior Works, in order the better to ^^2-'"" 
defend the one from the other, and in case of need to 
be able to retire from the one on the other, which are 
necessary to be forth with begun and completed, where- 
uuto Ditchers and Laborers are required. 

All Sheriffs, Burgomasters, Schepens, Commissaries fJ^iJ^j^*^ 
and Magistrates of the Subaltern Courts of this Lkb«era. 
Province are hereby ordered and commanded, on 
sight and publication hereof, to use all possible dili- 
gence to the end that some able Ditchers and Diggers 
from each Village, Colonie or Hamlet may be hired 
or recommended to come into this City of New Am- 
sterdam precisely on next Tuesday with a spade and 
axe, to help to construct and repair such Works as 
shall be pointed out to them by the Director General 
and Council or their commissioners, on condition that 

21 



162 



Pay of 

Laborers. 



Penalty 
for refusing 
to appear, 



LAWS OF 

the Laborers shall receive therefor two guilders per 
day, ia Corn, Beavers, or Wampum, to be paid 
promptly every week. Anyone hereunto requested, 
or recommended by his respective Magistrate, and 
neglecting or refusing to appear, shall forfeit one 
pound Flemish for each day he is absent (sickness 
and debility alone excepted). 

Thus done enacted and resumed in the Assembly 
of the Hon"° Director General and Council holden 
in the place of Our residence, New Amsterdam, this 14 
June, A° 1654. 

(Signed,) P. Stuyvesant, Nicasius de Sille, C. Tan 
Werclchoven, La Montagne, Cor^ Van Thienhoven. 



ORDIISrANCE 



Of the Director and Council of New Netherland regulating the 

Ferry at the Manhattans. Passed 1 July, 1654. 

[N. T. Col. MSS. IV. 450: V. 2S9; XVI. 47.] 

To all those who shall see, or hear these Presents 
read, Greeting. 

The Hon"^ Director General and Supreme Council 
of New Netherland make known. 
Preamble. That vcry great confusion and disorder prevail 
more and more among the Ferrymen on both sides of 
the Ferry of the Manhatans to the serious inconven- 
ience of the Passengers and Inhabitants of this Prov- 
ince, so that those under the necessity of going 
over, are freqitently obliged to wait whole days and 
nights, and then again are constrained to give up their 
journey not without gross extortion of double and. 
higher fare, disputes and other unmannerly practices 
to the great loss and vexation of Strangers and the 
good people of this Province ; Therefore the Hon""® 
Director General and Supreme Council of Neiv Neth- 
erland wishing to provide for the discontinuance of 



NEW NETHERLAND. 163 

all sncli confnsioQ and irregularities henceforth, 
and for the service of the Passengers as well as the 
Inhabitants of this Province, in a proper manner, so 
that they may be most conveniently accommodated 
and at the smallest expense [do ordain] as fol- 
lows : 



First. Henceforth, no person, of what quality ^j^^^^fj^n 
soever he maybe, save the Lessee of the Ferry there- mSntoYecp 

Boats or 

unto authorized by the government, shall be at f^^^n'ij^y. 
liberty to keep or have any Ferryboats or Scows to PMsenKcra 
carry or convey over strange Passengers or Inhabit- 
ants of this Province, or Cattle, Goods or any thing 
else, his own property excepted, on pain of paying 
for the first trip One pound Flemish ; for the second penalty. 
time Two pounds Flemish ; and for the third offense, 
forfeiture of the Scow or Boat and arbitrary correc- 
tion, of which [fines] one- third shall be allowed to 
the Lessee, one-third to the Officer and the remain- 
ing third according to the discretion of the Judge ; 
And therefore it is hereby commanded that no person ^^^^^ ^ 
shall keep any Boat at the Ferry for the purpose of ~ 



Boats I'or 
conveyance 
of their own 



conveying over therewith any Persons or Goods, his '»'5"'j^» ''°* 
own family and goods excepted, without however wref""" 
being i^lowed to loan or hire it to any person directly 
or indirectly [for the purpose of conveying over] any 
other Persons or Goods, except of his family or his 
own proper goods, on the penalty aforesaid. 



Secondly. The Lessee shall be bound to keep con- Ferryman 
tinually his Ferry provided with proper Boats and £S"A 
experienced Men, and maintain on both sides of the onShsjae 
Eiver for the Passengers and Inhabitants of this .^"* 
Province a covered Shed or Lodge, to shelter them 
from the rain, cold, &c. 



164 LAWS OF 

3. 

But the Lessee shall be at liberty to build for his 
Aflat- convenience aflat bottomed Boat to convey across 

bottomed 

Boat. Wagons, Carts. Plows, Cattle, and receive 

fl. atlv'a. 

rlrriage. "^^^ cach wagon or cart with two horses or 

oxen, 2 10 

For one cart or wagon with one horse, 2 

For one cart or plow, , 1 

For one pig, sheep, buck or goat. 

For tw^, eight stivers, and what is above that, 

each, 3 

For every man or woman, Indian or Squaw, 6 

For two or more persons, each one, 3 

For a child under ten years, half fare, 

For one horse or four footed homed beast, . . 1 10 

For one hogshead of tobacco, 16 

For one tun of beer, 16 

For an anker with wine or liquor, 6 

For a tub of butter, soap or such like, 6 

For a mud (4 bushels) of grain, 4 

and what exceeds that is i a stiver per Skeple. 

Packages of goods and other articles, not specified 
herein, in proportion, as parties shall agree. 



not^l? Item. The Lessee shall not be obliged to convey 
oiKfoSfa"^ any Person over or to carry any Goods (unless he 
Ferriage, please) bcfore and until he hath received the author- 
ized Ferriage. 



Hoars for Item. Thc Lessee shall be bound to accommodate 

rannlDg the 



5. 
■ Item. The Lessee shall 

„ he 

s^SLS. the Passengers for the abovementioned Ferriage on 
Summer days, only from 5 o'clock in the morning 
till 8 o'clock in the evening, provided the Windmill 
hath not taken in its sail. 



NEW XETHERLAND. 165 

6. 
Item. He shall be entitled to double Freight or double 

-n - . . I „ Ferriage 

I'emage at mglit, after or before the limited time. X°;?b°6 

above 
— hours. 

Item. The Lessee shall receive ordinary Ferriage n°n"J°lha 
during the Winter from 7 o'clock in the morning to is^l"' * 
5 o'clock in the evening, but he shall not be bound, re"yman 

^-^ ' not Douna 

except he please, to convey any one oyer in a tern- BtSrm'or'' 
pest, or when the Windmill hath lowered its sail in H^S 
consequence of storm or otherwise.* , ""*"• 

^- ' . . 

But no person shall be exempt from paying Fer- ^wi^ 

riage, be he Avho he may, except only the Hon. Direc- gfi"' 

tor General aud Members of the Council, also ^""^°' 

Marshals or Bailiffs sent across by the government 

with a pass from the Secretary. 

9. 

To the end that no person shall plead ignorance Ferryman 
hereof, we order and command the Lessee to affix a Law in'"" 
copy of this Ordinance publicly in the Ferry houses hoJ^'.'^ 
on both sides of the Ferry, as we have deemed such 
to be for the service of Travelers and the good 
Inhabitants of this Province. 

In witness whereof we have caused Our Seal to be 
appended hereunto. Done in Fort New Amsterdam 
the 1st July, A" 1654. 

* The Windmill here referred to stood on the old Battery, and 
seemed to serve as a Barometer or Indicator of bad Weather to the 
Ferryman. Tb. 



166 LAWS OF 

ORDINANCE 

Of the Director and Council of New Netherland against removing 
property from the City of New Amsterdam during the present 
Panic, and forbidding the return to said City, after the Panic has 
subsided, of sucli persons as may remove. Passed 7 July, 1654. 
[N. T. Col. MSS. IV. 453; V. 296.] 

The Director General and Council of New Neth- 
erland, 

To all those who hear, see or read these Presents, 
Greeting, make known. 
Preamble. Whekeas experience hath now frequently man- 
ifested that some Englishmen, pretending to be 
Burghers and Inhabitants of this city of New Amster- 
dam, do notwithstanding hold and keep up, mean- 
while, correspondence and communication with other 
disaflFected persons of this place, and that such pre- 
tended Burghers and Inhabitants of this city, the 
moment they receive any unfavorable report from 
the North, or elsewhere, either verbally from spies or 
in writing from their Friends, Countrymen, or Corres- 
pondents, do, without communicating to Us or to the 
Inferior Court of this city, such advices or reports, 
immediately remove and carry away their Mova- 
bles, Furniture, Beavers and other Valuables to the 
English Villages, which are less fortified and secure 
than this city, whereof are now seen divers i)roofs 
at various times; by which removal of Mo viibles, 
Furniture and Merchandise they not only irritate, 
disturb, discourage and render disaflPected the good 
and well disposed Citizens of this place and others 
residing in the Kural districts also; so that many 
disputes and quarrels have been thereby created, 
whereof the complaints have been brought before 
Us ; but likewise, what is still worse, such Persons 
evince that tbey feel little love, affection and loyalty 
towards this place, except so far as their own per- 



NEW NETHERLAND. 167 

sonal interest is concerned; besides, what is still 
more dangerous, Privateers and other threatening 
enemies of this State are, by such removal of 
Movables, Peltry or Furniture, countenanced and 
assisted, and advised of the condition and circum- 
stances of this City, to the serious discredit, dispar- 
agement and weakening of this Capital. 

The Hon*"'^ Director General and Council wishing 
to provide as much as practicable and feasible herein, 
do hereby Ordain and command that no person, of 
what rank or nation he may be, shall, because of 
any evil report, remove any Goods of what nature ^°^^^^^^ 
they be, out of this City of New Amsterdam to any Sm'S^Sn 

' *" to any out- 

outlying Villages and Hamlets where they are in ^^f^s^ 
more danger from Privateers, Eovers, Vagabonds 
and other enemies of this State, on forfeiture of all ^'eiai'y- 
such removed goods ; and those who now and here- 
tofore have repeatedly removed their Goods or any J'^^^^^^ng 
of them, or have allowed them to be removed, are d^priTOdS 

CitizBDSbip, 

hereby deprived of their Citizenship and at the same ^^^^^ll 
time ordered and commanded to depart out of this '^"^•'"' 
city Neiv Amsterdam within four and twenty hours 
after the publication of these presents (during which 
time they are granted a safe guard for their person 
and property), and to follow their Goods which they 
have already sent away, and not to come back into J?,°r'efutT** 
this City on pain of being arrested and arbitrarily 
punished. We command our Fiscal, after the Pub- ^jfjfg^°„. 
lication of these presents, to notify the persons whom SicJeot 
these concern hereof, and to warn them to depart. 

Thus done in the Assembly of the Hon. Director 
General and Supreme Council holden in New Amster- 
dam in New Netherland this 7 July. Signed, P. 
Stuyvesant, Nicasiiis de Silk, C. Tan ,Werck1wven, 
Cor. Tan Thienhoven. 



168 LAWS OF 

ORDINANCE 

Of the Director and Council of New Netherland against circulating 
False Reports, and for obliging those who have removed from the 
City of New Amsterdam to return thither. Passed 11 July, 1654 • 
[N. T. Col. MSS. IV. 454 ; V. 298.] 

The Director General and Council of New Nether- 
land, 

To all those who see or hear these presents read, 
Greeting, make known. 
Preamble. Whekeas WO have bccu certainly informed and 
advised that some among our Subjects have* now 
again, the same as last year, taken up and circulated 
a false, lying and self invented Rumor to the dishonor 
of the Supreme Government of this Province and 
the Dutch Nation, viz., that some Members of the 
Supreme Council with some of the Dutch Inhabitants 
had hired and instigated some Frenchmen and In- 
dians to massacre and plunder the English people 
residing among us. Which circulated Rumor, al- 
though false, unchristian and devoid of the least 
probability, was, nevertheless, propagated so pertina- 
ciously and shamelessly by some who were fbr the 
most part English Refugees from Neiv England, in 
order to incite greater commotion among the good 
Inhabitants, that they, to give more color to the Lies, 
abandoned their Houses and Plantations and retired 
and withdrew one with the other to the village of 
Gravesend, where some Vagabonds, Rovers and Pi- 
rates have for a long time past, collected and skulked 
together; among the rest Samuel B racquet, the Leader 
and Thief of the stolen Horses, for what purpose is 
best known to themselves, the Director General and 
Council find'themselves bound and obliged, for their 
own vindication and the security of their subjects, to 
provide therein as much as possible. Wherefore, they 
order, command and enjoin hereby all their Sheriffs, 



NEW NETHERLAND, 169 

OflBcers and Magistrates of the respective Villages & 
Hamlets of this Province to apprehend and most foS^h'S'sB 
securely to bring hither and to present before us, not ar?S'aul 
only the first Originators and Disseminators of such Mrector^'and 
false, lying and self invented Eeports, but also those 
who relate and retail them upon the statement of 
others, even were it from the fourth, fifth or sixth 
hand, so that by this means, not only may the com- 
motion be stopped, but also, if possible by examina- 
tion and arrest; the Authors may be discovered and 
duly punished as an example to others. And in order 
to prevent in future such commotion among the 
good and well afifected, the Director General and 
Council hereby declare all persons, of what nation or 
rank they may be, who by reason of such false, lying 
and forged Eeport, have fled away or abandoned 
their property, without making inquiry, as in duty f^^Xi- 
bound, of the Director General and Supreme Council, prlpeny, 
or Inferior Magistrates concerning the same, to be g)?ir 

C5 o ' Citizenship 

deprived of their Burgherright and abandoned Lands, Snfe^sThlfy 

1 . return wiih- 

unless the persons who have run away do, withm in ^ tours. 
four and twenty hours after the publication hereof, 
return with their Families and all their removed Fur- 
niture and Cattle to reside on their abandoned Lands, 
whether they retired and repaired to the Village of 
Gravesend near the Privateers or elsewhere. Further- 
more, in case anyone can furnish certain proof and ftrThedis- 
information of the person or persons who may have thrauthora, 

* *^ Ac., of False 

forged and circulated such false, slanderous, unchris- '«f°'^'s- 
tian Lies, and them deliver into the hands of Justice, 
he shall receive a reward of 300 guilders with the 
promise of the firstofiQce for which he may be qualified. 

Thus done in the Assembly of the Director Gen 
eral and Council of New Netherland, Neiv Amsterdam, 
this 11 July, A" 1654. 

(Signed,) J'. Stiiyvesant, Nicasius de SiUe, 0. van 
Werckhoveii, La Montague, Cor. van Thienlwven. 

22 



170 



LAWS OP 



ORDINANCE 



Walls of 

Furt 

Amsterdam 
trodden 
down b7 
Hogs. 



Goats, 
Sheep and 
Hog« to b*^ 
secured. 



If found 
on the 
walls of 
the Fort, 
to be 
impounded. 



Of the Director and Council of New Netherland, to prevent injury 

to the Fortifications. Passed 11 July, 1654. 

[N. Y. Col. MSS. IV. 456 ; V. 302.] 

The Director General and Council of New Nether- 
land, 

To all those who see these Presents, or hear them 
read, Greeting, make known. 

That the works of the Port have now been repaired 
and restored 2 or 3 times at considerable expense and 
labor, and every time trod under foot and thrown to 
the ground by the Hogs, from which the now repaired 
and newly constructed Works are exposed apparently 
to the same danger. 

The Director General and Council being desirous, 
for the preservation of all the outer and interior 
Works, to provide against such damage, do order all 
good Inhabitants of this City that every one so 
secure and keep his Goats, Sheep and especially his 
Hogs that they do no damage to the Works, and 
warn, at the same time, all persons that the Hogs, 
Goats or Sheep which shall be found, twenty-four 
hours after the publication hereof, on the walls or 
constructed works of the Fort, either on the outer or 
interior works, shall be taken up and impounded, and 
• one pound Flemish be forfeited for every Hog, Goat 
or Sheep, for the benefit of the person who shall take 
or catch it, or the Hog, Goat or Sheep shall be for- 
feited if the owner do not come to release it within 
the space of 24 hours. 

Thus done in the Assembly of the Hon"'* Director 
General and Supreme Council holden in New Amster- 
dam in Neiv Netherland this 11 July, Anno 1654. 

By order of the Hon'''® Director General and Coun- 
cil. 

(Signed,) Cornelis van EtnrvEN, Secretary. 



KEW NETHERLAND. 171 



ORDINANCE 

Of the Director and Council of New Netherland, providing for the 

Increase of Sheep. Passed 1654. 

[N. T. Col. MSS. xn. 3.] 

Note.— On the 18 May, 1654, the Directors at Amsterdam wrote to 
Director General and Council of JSTew Netherland, as follows : 

" In order to promote the increase of Sheep {het krijtentvee), an Edict 
goes herewith which your Honors will not only have published and 
posted up, but also take care that it be obeyed and executed. The 
object will be greatly promoted if you will, as we recommend, give 
notice that the number of cattle in each Colonie be taken, and the 
same recorded." 

This Ordinance is not among the Records. Tb. 



ORDINANCE 

Of the Director and Council of New Netherland, amending the Ordi- 
nance of the 28 January, 1654, imposing Duties on Indian Goods, 
Wines, Brandy, &o. Passed 22 July, 1654. 

[N. T. Col. MSS, IV. 457 ; V. 309.] 

According to the general, old and well known Preamble;. 
contracts, all Merchants are bonnd to pay in this 
country to the Director General and Council one per 
cent of all their Goods and Merchandize and, in addi- 
tion, as much more as may have been imposed there- 
on before arriving, whereof the Petitioners cannot 
be ignorant.* It was owing to the benevolence of 
the Director General and Council that it has not been 
collected. But the Treasury being, at present, ex- 
hausted, in consequence of excessive expenses incuf 
red and some moneys borrowed to meet them, it is 
impossible for the Director General and Council to 
maintain the Civil, Ecclesiastical and Military Offi- 
cers, much less to pay the incurred debts, in case 
they remain any longer deprived of the One per cent 

* Certain merchants of New Amsterdam who liad imported Goods 
after the passage of the Tariff of 28 January, asked to be exempted 
from the payment of the new Duties. 



172 LAWS OF 

and other subsidies, yet observing the increased 
difficulty and burden which it would cause the Com- 
monalty and the increased expenses which woOld 
accrue to the Merchants, if the Director General and 
Council should exact, according to the general, old, 
Instead of kuowu coutracts, OuB pcr cent from all Merchandize, 

the Import ^ ' 

pePc™t°r they have pursuant to their published Eesolution 
taposKio'ii adjudged it fitter and more reasonable, in place of 
Goods. ^Yie general [impost], to exact the equivalent only 
from the Indian cargoes and the iB«st necessary 
goods, which, yet, return the largest profit, current 
money and pay, and are the least burdensome both 
to the Commonalty and the Factors. The Director 
General and Council do therefore, consider it unnec- 
essary to refer the matter to the Directors in Father- 
land, the rather as the low state of the Treasury and 
the augmentation of the expenses admit of no delay. 
Meanwhile in order to demonstrate our good will and 
inclination to encourage Trade, and to remove the 
Petitioners' ground of complaint as to too great 
exactness, the Director General and Council do 
hereby relieve the Petitioners from about one-fourth 
part of the demanded Duty and stapleright, so that 
Duties on one piccc of Duflfels, usually 38, 39 and 40 ells long, 

Indian ■, ■,, ji r. 

Goods shall pay, fl. 3 

One ell of cloth, stuff or carpeting, fl. 1 8 

One Indian coat, fl. 6 

100 lbs Kettles, fl. 3 

Qp e dozen of blankets fl. 3 

Wines, A hogshead of Ehenish or French wine, fl. 6 

Brandy and " 

|°^«;k° An anker of Brandy, Liquor or Spanish 

wine, fl.2 10 

A tun or half pipe of European Beer, . . fl. 2 10 
Larger or smaller vessels in proportion. 

Goods may Wc hereby command our Fiscal and Eeceiver 
on wment not to dcmaud or take more, on payment whereof 

of the Duty. ' ^ •' 

according to order the Trader or Merchant shall not 



NEW NETHERLAND. 173 

experience any obstruction, but be absolutely allowed 
to remove and transport bis wares from the Public 
Store and them to sell to his satisfaction and to their 
buyers' profit. What regards Salt, it is for the tfhav. 
present time, on account of the great scarcity, free 
of all duty. 

Thus done in the Assembly of the Hon"'* Director 
General and Council holden in Netv Amsterdam in 
New Netherland this 22 July, A° 1654. 

(Signed,) P. Stuyvesant, Nicasius de Sille, C. van 
Werckhoven, La Montagne. 



ORDINANCE 

Of the Director and Council of New Netherland, regulating the pur- 
chase of Lands from the Indians and requiring all who have not 
Patents to take out the same within six weeks. Passed 2 August, 
1654. 

Note. — This is a Renewal of the provisions contained in the Ordi- 
nance of the lat July, 1652, aupra p. 130. It is referred to in .W. Y. Col. 
MSS. VIII. 64. 



174 LAWS OP 



ORDINANCE 

Of the Director and Council of New Netherland, regulating the 

Weighing house in New Amsterdam. Passed 10 Aztgusi, 1654. 

[N. T. Col. MSS. V. 319.] 

The Director General and Council of New Nether- 
land, 

To all those who see these Presents or hear them 
read, Greeting, make known. 
Preamble. That they, in order to prevent the Complaints of 
some evilminded persons, that no order is observed in 
this Country in regard to Weights and Measures,* 
have caused to be made and constructed, at the cost 
and charges of the Hon"^ Directors at the Chamber 
of Amsterdam, Lords and Patroons of this Province, 
Sawil'her ^ suitable "Weighinghouse, and in addition to the 
weSht3*and Stamped Weight have caused to be placed therein a 
provwed. stamped Skepel and Ell agreeing with the weight, 
contents and length of those of the city of Amster- 
dam, according to which all other Weights, Meas- 
ures and Ells within this Province shall be regulated, 
observed and put in practice, on the penalty and fine 
prescribed by former Statutes. In order the better 
to bring the same into use, the Director General and 
Council have Ordained and Enacted, as they do 
hereby Ordain and Enact, that, from this time for- 
ward, all Goods and Merchandizes subject to the 
measure either of the Skepel or Weight, which will 
be brought into or carried out of this city, shall be 

'''■ Referring to the complaints made by Vanderdonek and others in 
Holland. See N. Y. Col. Doc. I. 302. " Some complaints having been 
presented to us here, that no proper law has been enacted, or at least 
observed, in regard to Weights, Measures, and the Ell, We have given 
orders that there be sent to you from here some Weights together with 
an Ell and Measure, in use in this city, in order to be deposited in the 
City Hall, and you are charged to see that the Wares and Merchandizes 
be sold or exchanged by said Measure and Weight, and that the contra- 
veners be duly punished." Directors to Stuyvesant, 18 May, 1654. 



NEW NETHERLAND. 



175 



weighed aud measured by the sworn Weighmaster ^i^^^^^^^^ 

meaiiured 



aud Measurer before such Merchandizes or Goods are 
brought into this city, or exported and carried else- 
where out of it ; for which the jjurchasers aud sel- 
lers conjointly, or else the purchaser or seller alone, 
according to the conditions stipulated at the i)ur- 
chase, shall pay as the fee for weighing or measuring 
as follows : 



by tbe 
Weigh- 
master, 



First, with regard to the Weighinghouse. 



For 




For 




All sorts of Silk goods, 




Indigo, 


Fees of 


Spun Silk, 


15 Stivers 


Preserves, 


the Welgn- 
houae. 


Cochineal, or 


per hundred 


Sugars, 


10 Stivers 


Saffron, 




All sorts of Spices, 
Spanish hides, 
Beavers, 


per hundred. 


Candles, • 




Dry fish, 




Tobacco, 




Salt meat. 




Hops, 




Pork, 




Grease, 




Tallow, 




SarsapariUa, 




Pitch, 




Sassafras, 




Sulphur, 




Elephants' teeth. 




R3Sin, 




All sorts of Dyewood, 


5 Stivers 


Cordage, 


4 Stivers 


Cotton and Cotton Yarn, 


per Imndred 


Lead, 


per hundred. 


Wool and Worsted Yarn, 




Iron, 




Dry hides, 




Copper, 




Copper kettles. 




Raisins, 




Butter, 




Prunes, 




Cheese, 




Rice, 




Starch, 




Hard bread, 




Stockfishwood, 




Flour, 





And for all odd Weights, above aud below 
one hundred pounds, shall be paid, from one to 25 
pounds, one-fourth part ; from 2G lbs. to 50 lbs. 
inclusive, half fees ; from 51 to 75 lbs. f of the hun- 
dred, and above 75 lbs. to one hundred, full weigh 
fee. But inasmuch as a man may deliver at the 
same time to one and the same person, more than 
one quantity of the same sort of goods, all said 
quantities or weights of the one and the other 
shall be added together, and payment made there- 



Fees for 

Weights 
below 100 lbs. 



176 



LAWS OF 



Fees to be 
paid each 
time Good3 
are sold, or 
removed. 
But 



Goods may 
be delivered 
from ship 
to ship or 
house to 
bouse, 

Provided 
notice be 
ffiven to the 
Welgh- 
master and 
bis fee paid. 

Penalty. 



Goods may 
be weighed 
at the place 
of sale, on 
payment of 
certain fees. 



Pees of the 
"Weighhouse 
to be paid 
Into the 
General 
OfBce. 



for according to the product of the whole, and for 
each lot, or draYfc, weighed shall be paid f of one 
stiver. 

And all the Goods subject to the Weighinghouse, or 
that are sold by weight, shall pay the Weighmoney 
as often as they are sold, transported, transhipped or 
removed. But to avoid the heavy charges for labor 
which the Goods may be sabjected to, in carrying 
them to and bringing them from the Weighinghouse, 
either in cart, sleigh or boat, the delivery may be 
made from ship to ship, or from house to house, by 
the shortest and quickest way ; provided that before 
the transportation or removal take place, the Weigh- 
master be notified thereof and the Weighing fee 
be paid, on pain of forfeiting the Wares and Mer- 
chandize or the just value thereof, or otherwise at 
the discretion of the Hon"'^ Director General and 
Supreme Council. 

Item. Any Wares and Merchandize sold by the lot 
or parcel, shall not be delivered before and until they 
are weighed, but the contractirig parties can send for 
the Weighmaster, the scales and weights in loco and 
have the Wares and Merchandize weighed there 
and so delivered, on payment to the Weighmaster 
of four guilders W day and the like sum for the use of 
the Scales and Weights ; but if the buyer or seller 
have his own Scales or Weights, it will be sufficient 
only to pay the Weighmaster. 

Provisionally and for the first year, shorter or 
longer, until the Director General and Council have 
an opportunity to farm out the Weighinghouse, 
agreeably to the laudable custom of the city of 
Amsterdam, the product of the Weighhouse, or the 
Weigh fees, shall be handed into, and paid in cur- 
rent pay at the General Office, and the duties 
of Weighmaster shall be provisionally performed 

by 



NEW NETHERLAND. I77 

The Goods and Merchandize which are brouffht ooodaofthe 

to- ~ Company, 

, or are received at the Weighinghouse, and ^t^^°/ 

belong to the Honi^'^ Company, to this City, to the j^'eSi- 

Board of Deacons, and other charitable bodies, being ?^Hharge 

really and truly their property and to be converted Sl.'^"*"" 

to their use only, shall be exempt from the fee 

for weighing; all which the Weighmaster shall be 

obliged to weigh gratis and for God's sake. 

The Director General and Council reserve to Eight to 
themselves, with the consent and ratification of the J^^*^^""" 
Hon'"^ Directors, the Lords and Patroons of this 
City, to alter, diminish or to enlarge this Eegulation 
according to the circumstances of the times and the 
condition of affairs. 

Thus done in the Assembly of the Hon"® Director 
General and Supreme Council holden in Amsterdam 
in New Netherland this 10 August, A" 1654. Present 
the Hoa"» General and all his Council. 



reserved. 



ORDINANCE 

Of the Director and Council of New Netherland, regulating the 

duties of the Provost Marshal. Passed 20 August, 1654. 

[N. T. Col. MSS. V. 334; XVI. 50.] 

First. The Provost shall be obedient and sub- provost to 

take au 

missive, and must take the oath of allegiance to S^giSiice- 
the Hon*"* Director General and Supreme Council, 
according to form. 
Furthermore. He shall have his residence in Fort Beswein 

ttie Fort ; 

Neiv Amsterdam where quarters will be assigned him, 
and he will be provided with the keys, locks and 
chains of the prison of which he shall be bound to Have 

charge of , 

take good care, to lock up and feed the Prisoners in "^e prison. 
the manner he is ordered by the Fiscal. 

Item. He shall every morning and evening visit prfioiera 
the Prisoners, examine the locks and take particular Sf^f* 

23 



178 



LAWS OP 



Not put 
other irons 
on them 
than are 
ordered ; 



To notliy 
the Fiscal of 
the commit- 
tal of new 
Prisoners : 



May 
imprison 
Soldiers 
found fight- 
ing, and 



Fine those 
found with- 
out side 
arms, or 
with candles 
in barracifs 
after 9 
o'clock. 



Fees for 
confining 
Soldiers, 
Citizens, 
Officers, or 



Persons of 
respecta- 
bility. 



Penalties on 

delinquent 

Soldiers. 



care that uo file, rope, ironwork or any thing sharp 
be left with the Prisoner. 

Also. The Provost shall not secure any one with 
heavier or lighter iron than he is ordered by the 
Fiscal, unless he by night or at unreasonable hours, 
lie in wait in order to break out, and in that case 
he shall do the best for the safer custody of the 
Prisoner, and afterwards report the matter to the 
Fiscal. 

And if it happen that a Prisoner or Prisoners be 
brought by any Sheriffs or Ship captains to the Pro- 
vost to be locked up, he shall have power to place 
such immediately in confinement, but he must notify 
the Fiscal at earliest opportunity and deliver in 
writing the names of the injured parties and of the 
Prisoners. 

Item. He may separate and imprison all Soldiers 
whom he finds fighting with drawn swords in the 
Fort or on the street. 

Item. He shall impose a fine of 2 stivers on all 
Soldiers whom he finds without side arms, or in the 
evening in the Fort, after nine o'clock, with candles 
in their barracks. 

Item. The Provost shall, for each incarceration of 
any soldier, receive 10 stivers, and of every Citizen 
or Oflicer, twenty stivers. 

Item. For Chief Ofiicers or persons of respectabil- 
ity occupying his quarters, 30 stivers, and for the 
board in proportion, according to the order made 
thereon. 

Item. The Soldiers who fail at parade, either in 
leaving too soon or coming too late, shall not only 
stand sentry double the time, but shall pay the Pro- 
vost a fine of 2J stivers, and if anyone leave his 
arms, standing on guard, the Provost shall retain 
such arms, until they are ransomed by the payment 
of 2i stivers. 



NEW NETHERLAND. 179 

The Provost shall receive twelve stivers a day for Pee»for 

'^ boarding 

the board of a commou Prisoner, provided he furnish p"^""""' 
them weekly with the equivalent of the ordinary 
ration allowed by the Company, to wit : 

U lb. of Beef, ^"^r^; 

? lb. of Pork, 
1 lb. of Fish, 
1 gill of Oil, 
1 gill of Vinegar, 
suitable pottage and a supply of bread per week. 

Item. The Provost shall not be at liberty to absent S^g^<JJ°nt 
himself from the Fort at night after the guard is tS^wiL 
posted, except with the special knowledge of the "" ^™' 
Fiscal and by permission of the Director General. 

And the Provost shall, for his salary, receive the hi^ salary. 
sum of 24 Garolus guilders per month, payable quar- 
terly, exclusive of his board-wages and extraordinary 
fees above mentioned. 

And if it happen that the Provost with his aids, be p°J|j[?§* 
not sufficiently strong to effect his purpose, in conse- i,°Sy' 
quence of the strength of wicked opposition, in the 
absence of the Fiscal, the Director General, or, in the 
absence of the latter, the Commanding Officer, shall, 
at his request, detail some soldiers from the guard to 
enable him the better to execute his orders. 

If the Provost arrest one or more soldiers, no per- JbXi'JuS'l 
son, be he who he may, shall oppose him, or rescue S'thedL"^' 

charge of 

the Prisoner, on pain of being punished according to '»'■'' ^"'y- 

law. 
The Provost shall be bound to assist the Fiscal in l^'^^^^^ 

making arrests and visits, and in executing his office. 

Thus done in the Assembly of the Hon"^ Director 

General and Supreme Council this 20 August, A" 

1654, in New Amsterdam tn New Netherland. 



Fiscal. 



180 LAWS OF 

OBDINANCE 

Of the Director and Council of New Netherland imposing a Tax on 

Land and Cattle. Passed 24 Augtist, 1654. 

[N. T. Col. MSS. V. 340 ; XTI. B3.] 

The Director General and Council of New Neth 
erland, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 

Preamble. That they, during and since their administration, 
now continued during 7 consecutive years, have con- 
stantly and at divers times and occasions explained 
to the Eepresentatives of the Commonalty of this 
New Netherland Province, the great expenses and 
charges which the Hon"® Directors have, now for 
about 30 years borne and sustained in supporting 
various Civil, Ecclesiastical and Military OflScers, 
besides other heavy and excessive outlays in furnish- 
ing quantities of Ammunition, Materials and other 
necessaries required for constructing and maintain- 
ing Forts and other public Works, which expenses 
have been greatly increased and augmented from 
year to year and especially these two last years, 
whereunto the Director General and Council, as 
representatives of the Lords Patroons, have not 
been able to obtain any additional supplies up to 
this time except the Duties on Merchandise which 
do not amount to the third part of the necessary 
expenses, whereby their Treasury is considerably 
in arrear, and henceforth insuflQcient to meet 
any longer the charges annually augmenting by 
the increase of population. Although this has been 
often demonstrated with valid and clear reasons to 
the Representatives of th§ Commonalty, yet up to 
this date no vote of supplies has been obtained, not 

Tenths not evcu the Tcuths which all Inhabitants of this Prov- 

yet paid 

and are jj^gg j^rc for a loug time owing, agreeably to the 
Exemptions and Freedoms of New Netherland. As 



NEW NETHERLAND. 181 

these Tenths, as regards both the Hon''"' Company • 

and the Inhabitants of the Flatland, are diflEicult SKton/ 
to be collected and delivered, the Hon"'^ Director 
General and Council have, pursuant to their reso- 
lution, adopted 2 June, and resumed 28 August, 
resolved and concluded, to levy in place thereof, a 
reasonable Tax on Land and Horned cattle, in man- 
ner as follows : 

Every Morgen of land that anyone claims or is Taxon 
entitled to, by virtue of a patent, shall pay once 
annually, Twenty stivers, and 

For every head of Horned cattle (Goats and Sheep on Homed 

•^ ^ '^ cattle and 

excepted) above three years old or thereabouts, also 
Twenty stivers. 

For one of two years, Twelve stivers. 

For Houses, and lots granted for building purposes, °^<)^''u'^^ 
situate in the city of New Amsterdam, the village of '''^'°'^- 
Beverwyclc, the neighborhood of The Ferry and else- 
where, belonging to persons who do not claim or own 
any land, there shall be paid at the General office, 
once yearly, the hundreth penny of the real value. 
The valuation thereof shall be made and done bv a qommis- 

•^ aioners for 

Commissioner from the Supreme Council and two ^l^o"^ 
impartial persons from the respective Courts of the 
aforesaid City and Villages, each in his jurisdiction, 
accordinsr to which valuation also, the vacant lots vacant iota 
shall be transferred and sold in case the present {^""'^^ 
owners and proprietors either neglect or are disin- 
clined to build on the aforesaid vacant lots, in accord- 
ance with the printed Ordinances. 

Thus done in the Assembly of the Hon*"^ Director 
General and Supreme Council holden in New Amster- 
dam in New Netlierland this 24 August, 1654, and 
revised the 28 August. * 

Note. — In the Summer of 1652, Director Stuyvesant suggested the 
imposition of a Tax on unimproved Lands. On the 6th of June 1653, 
the Directors at Amsterdam wrote to him as follows : 



Improved- 



182 LAWS OP 

. " In regard to the Edicts drawn up and transmitted by you, on the 

subject of uncultivated and unimproved Lands, and of Vacant Lot? 
granted witiiin the City of New Amsterdam » « «■ » We have, 
after examination, and some correction, had them printed here, and 
■will send them to you herewith, in order to be published and posted 
up there. 

" That the first of them may produce more effect and fruit, we have 
finally also resolved not to make any alteration in your aforesaid 
draft, except only that the Quit rent, or the payment of 12 stivers for 
each Morgen annually, shall first commence one year after the Lands 
will be brought under plough, or otherwise made use of, as you will 
be able more fully to perceive by the printed copies." N. Y. Col. 
MSS. XL 83. 

The war between England and Holland having caused increased 
expense to the (rovernment of the Province, was the reason, we pre- 
sume, that the Tax on Lands by the preceding Ordinance, included 
all, whether cultivated or uncultivated. Tr. 



ORDINANCE 

Of the Director and Council of New Netherland against furnishing 

Liquor to Indians. Passed 28 August, 1654. 

[N. T. Col. MSS. rV. 461 i V. 343 ; XVI. 55.] 

The Director General and Council of New Neth- 
erland, 

To all those ■who see these Presents or hear them, 
read, Greeting, make known. 
Preamble, That thcj See and observe by deplorable experience 
that, notwithstanding their previous and frequently 
renewed Edicts enacted against the selling or giving 
of Strong drink to the Indians, or Natives of this 
Country, many Indians are daily seen and found 
intoxicated, and being drunk and fuddled, commit 
many and grave acts of violence, not only at the 
Flatland, whence many complaints have been pre- 
sented to us, but also, as our experience proves, many 
and divers Indians are almost daily seen drunk and 
intoxicated within the city ; And whereas up to this 
time the persons who sell, furnish and give the 
Natives drink cannot be discovered, yet the public 
necessity being considered, together with the danger 



NEW NETHERLAND. 183 

that is to be expected therefrom in case such selling, 
furnishing or giving of Strong drink to the Indians is 
not prevented, discovered and punished. Therefore ^J'|'™p'!°' 
the Director General and Council of Neiv Netherland fa&ii^ung 
do hereby most expressly forbid the aforesaid selling, 
furnishing, supplying or giving of any Strong drink 
to Indians either here, at the Flatland or on the 
Elvers, Streams and Kills, out of Sloops or in any 
manner or by any means, or by what persons soever 
the same may be done and practiced, not only on 
the penalty formerly expressed, to wit 500 Oarolus Penalty. 
guilders, but in addition, such persons shall be cor- 
poreally corrected and punished at the discretion of 
the Judge. 

In order the more eflfectually to discover and to 
prevent the same, the Director General and Council 
of New Netherland, have with the approbation of 
the Committee and Delegates from the Magistracy 
of this City, adjudged it highly necessary, that from 
this time forward all drunken Indians shall be Drunken 

Indians 

arrested and imprisoned and kept in confinement fmpdsoned 
until thev shall have told and declared who had mako'"''' 

*' known from 

furnished, sold or given them the liquor, which con- S'^k^Se'"'^ 
fession and declaration of theirs shall, according to ''*''"'^' 
the . circumstances of the case and the persons, be Evj^^'^f^"' 
accepted and believed on that point, and the viola- ^Sie. 
tors hereof shall, on the declaration of the Indians, 
be punished according to law and the exigency of 
the case. 

We command our Fiscal to cause these presents to 
be speedily published and posted every where that 
it is usually done, and after the posting and publica- 
tion to put the same into due execution, without 
any respect of persons, the rather as we consider 
such to be for the public service and the peace of 
the Inhabitants, in order to prevent greater dangers 
and disasters. 



184 LAWS OF 

Thus done in the Assembly of the Hon"® Director 

General and Council holden in New Amsterdam, this 
28 August, 1654. 

(Signed,) P. Stuyvesant, Nicasius de SiUe, C. van 

Werclcoven, La Montagne, Cor' van Thienhoven. 



ORDIISrAlSrCE 

Of the Director and Council of New Netherland authorizing a Tax 
Levy in Midwout to defray Town Charges. Passed 2 September, 
1654. 

[N. T. Col. MSS. V. 361.] 

Moatetrateai Thb Hon. Dircctor General and Supreme Council 

of JUidvmut ^ 

TaxSr* of New Netherland hereby authorize the Schout and 

chMges. Magistrates of the Town of Midwout, at their request, 

to levy Six guilders on each Lot situate within the 

District of the abovenamed Town, as a supplement 

towards the Charges already, and yet to be, incurred. 

Done New Amsterdam, 2 September, 1654. 



ORDINANCE 

Of the Director and Council of New Netherland for the better collect- 
ion of ine Excise at Fort Orange. Passed 18 November, 1654. 
[N. T. Col. MSS. V. 433.] 

The Director General and Supreme Council of 
New Netlierland, 

To all those who shall see these Presents, or hear 
them read, Greeting, make known. 
Preamble. Wheebas wc have been informed, and told on the 
part of the Farmers of the Excise, that some Inhab- 
itants residing as well within as without the Jurisdic- 
tion of Fort Orange and Village of Beverivyck convey, 
lay in and store in cellars Wine and Beer without 
taking out or exhibiting a permit from the Farmer or 
his Collector, whence many frauds and much smug- 



NEW NETHERLAND. 185 

gling must ensue; Therefore for the prevention 
thereof we hereby Ordain and command, that no ^i^J^^fo"' 
person of what quality soever he may be, shall carry, ^Imov^,"' 

'at Ibrt 

place in a cellar, remove or lay in any Wine, Brandy, %Z€ruick 
Liquor or Strong beer, before or until he take out pe'Jmit.'* 
and exhibit a permit from the Farmer, Collector or 
other person appointed for that purpose, whereupon 
it is set forth whether such Wine, Liquor and Beer 
are conveyed and removed for a Tapster or for a 
Burgher, on pain of forfeiting such Wine, Liquor or Penalty. 
Beer, or five times the value thereof. 

Done New Amsterdam, this 18 November, 1654. 

(Signed,) P. Stuyvesant, Nicasius de Sille, La Mon- 
tagne. • 



ORDINANCE 

Of the Director and Couucil of New Netherland for the further pro- 
tection of Fences. Passed 31 December, 1654. 
[N. T. Col. MSS. v. 466.] 

The Director General and Supreme Council of preamwe. 
New Netherland have, it is known to everyone, here- 
tofore enacted and posted divers Ordinances on the 
subject of robbing and stealing either Fruit, Fences 
or other articles from Gardens, Orchards arid Farms, 
which good Ordinance and Eegulation have been 
observed iip to a certain time, so that no complaints 
were heard on the subject, until within a few days, 
from the Burghers and Farmers who are daily robbed 
of Clapboards, Palisades, Posts, Eails and other 
fencing stuff, which the proprietors set up for the 
protection of the Farms, Gardens and Orchards and 
security of the fruits thereof. 

Therefore, the Hon"'® Supreme Council wishing to p«^s°^t,„g 
provide herein as far as lies in their power, do hereby lafX"" 

Orchards, 

interdict and forbid all and every to break, take ^m^% 
away or otherwise to injure any person's Farm, 

24 



186 LAWS OF 

takingaway Orchard, Garden, Clapboards, Palisades, Posts, Eails 
fecei've Flrewood, or any like thing, on pain of corporal 

corporal . , i . /r -j 

men?" punishmcnt to be inflicted, without mercy or favor 
according to the exigency of the case, on such person 
as will, after this date, be found so doing ; so that a 
stop may be put at once and for all to the complaints 
and damages of the Citizens, and every one be pro- 
tected in his property. 

Thus done in the Assembly of the Supreme Coun- 
cil of Neiv Netherland, holden in Fort Amsterdam the 
31 December, A° 1654. Published on the same day. 



OKDINANCE 

Of the Director and Council of New Netherland regulating the Duties 

and Fees of the City Marshal. Passed 6 February, 1655. 

[N. T. Col. MSS. VI. 9.] 

city mar- FiRST. Hc shall bc diligent, on the order of the 

shal to levy " 

inS"^""^ Burgomasters and Schepens of this City, to levy 
vevenSiot^ exccution in Civil cases touching the public Eevenues 

the city of a r 

fcwAmster- Qf tj^js Qity, and that on such allowance as shall, 
according to the exigency of the case, be considered 
proper. 

2. 
th'e'jud™'^ Whenever any judgments pronounced by the Bur- 
co^rto"/ ""^ gomasters and Schepens of this City are placed in 

Uurgomas- 

schepem; ^'^^ hauds, hc shall be bound to govern himself accord- 
ing to the tenor thereof, and having accepted them, 
to put them into execution in the most speedy and 
diligent manner, according to the custom of the laud- 
able city of Amsterdam in Holland,*' but with all 
discretion according to the circumstances and condi- 
tion of the Inhabitants. 



■•■■" See, on this Custom, Mooseboom's Secueil van verscheyde Keuren 
en Costumen van Amsterdam. Cap. XXXIV. Tb. 



NEW NETHERLAND. 187 

3. 

He shall not directly or indirectly be at liberty to ^01,^ ^^^^ 
receive any gifts or presents, either through the third o'p'^™'^- 
or fourth hand, to the injury of the right of those 
interested or for the delay of execution. 

4. 

Of all judgments which will be pronounced by f^^^f^ 
Burgomasters and Schepens amounting to fl. 100 and jud^eiS." 
upwards, the Marshal shall receive as judgment fee, t^ioaeioSm; 
from the winning party, Twelve Stivers. 

5. 
On all other Judgments below a hundred guilders, Beiowiooa.; 
the sum of Six stivers. 

6. 
On all Interlocutory judgments which are given in ^JloJy^Ji^V 
writing in the suit. Six stivers. "^""^ 

7. 
For every Notice, Summons or Eenewal which the lumm^"^ 
Marshal shall serve within the jurisdiction of this 
City, with the Return thereon, he shall receive Twenty- 
four stivers, on condition that he keep proper record 
of the Return with the day and date inserted. 

8. 

For the Sale of goods under execution, Six guilders For sales 

^ o under exe« 

a day, the day being computed from 9 to 11 hours, *'""<"'^' 
or so many hours, more or less, according to the 
circumstances of the case. 

9. 

For drawing up and posting Notices on three Forpostiug 
places, each notice 8 stivers a piece. 

10. 

For every Notice, Summons and Eenewal on the For serving 

noticea&c, 

Island of Manhattans, beyond the jurisdiction of this cttTboSnd^* 
City extended up to the Freshwater, Thirty six sti- Freshwater; 
vers. 



188 



LAWS OF 



Beyond tlie 
North or 
East River, 
at i^vonia, 
or where 
there are 
no Courts 
on JUing 
Island. 



Marshal 
to render 
account of 
and pay 
money 
received 
without 
delay, first 
deducting 
his fees. 



Not to sell 
more goods 
than are 
Bufficient 
to satisfy 
the Judg 
xnent. 



Schout Ac, 
to assist the 
Marshal. 



Hlght 
reserved to 
alter this 
law. 



11. 

For every Notice, Summons and Eenewal which 
the Marshal shall serve beyond the North or East 
river, whether at Pavonia and its vicinity, or on Lo7ig 
Island at places where there are not yet any Courts, 
he shall receive for each Sixty stivers, fee money, it 
being further understood that Boat hire and ordinary 
expenses may be brought into account against, and 
demanded by the Marshal of him who employs him. 

12. 

The Marshal shall, after the sale of the property 
and the receipt of the proceeds, hand over, without 
delay, to the successful party the money belonging 
to him, first deducting his fees. 

13. 

He shall not be at liberty to sell any more of the 
goods levied on than is about sufficient to pay the 
sum mentioned in the Judgment, including the costs 
incurred thereon. 

14. 

For the better executing of his office, the Schout, 
Court messenger and officers of Justice shall, if 
necessary assist the Marshal. 

15. 

The Director General and Council reserve to them- 
selves the right to alter, enlarge or abridge these 
presents, according as circumstances may hereafter 
require. 

Done, Amsterdam in New Netherland, date as 
above. 



NEW NETHERLAND. 189 



ORDIlSrANCE 

Of the Director and Council of New Netlierland determining the Fee 
for executing a Deed before the Magistrates of New Amsterdam. 
Passed 23 February, 1655. 

[N. T. Col. MSS. V. 231.] 

The Burgomasters of this city Amsterdam are in Fecsfor 

, acknowl- 

Council granted and allowed, on their Petition and nelaleftre 
proposal, to demand for a Deed executed before them Slf"™ 

, Amsterdam. 

for Houses and Lots situate and being within this 
City's jurisdiction, One Beaver or Eight Guilders to 
be applied 

3 Guilders for the Seal. 

IJ Guilders for 2 Schepens who sign the Deed. 

3J Guilders for a fee for the Clerk. 

Done in Council this 23 February, A" 1655. 

(Signed,) Nicasius de Sille, La Montagne, Corne- 
lius van Tienhoven. 



ORDINANCE 

Of the Director and Council of New Netherland renewing the Ordi- 
nance regulating the Inspection of New Netherland Tobacco, passed 
18 February, 1653. Passed 10 March, 1655. 

[N. T. Col. MSS. VI. 22 ; XVI. B8.] 

Note. — For the Original Ordinance, see supra p. 139 



190 



LAWS OF 



ORDINANCE 



Fee for a 
JudgtneDt 
of tile 
ScliepeDS. 



For draw- 
ing up a 
Petition 
and serving 
the same. 



For a 
Certificate. 



No Fee for 
official 
papers 
presented to 
the Director 
and Council, 
or ordered 
by the 
tSchepens. 



Of the Director and Council of New Ketherland establishing a Tariff 
of Fees to be received by the Clerk of the Court of Breukelen, 
Midwout and Amesfoort. Passed 5 May, 1655. 
[N. T. Col. MSS. VL 38.] 

He is allowed and permitted to exact as Fee 
for every decision pronounced by the Schepens, or 
entered on the margin of the petition, Twelve stivers, 
and for signing the minute, Six stivers. 

For the draft of a Petition which he is required 
to sign by the petitioner, Sixteen stivers, if he hath 
to serve the petition in Civil cases, or Twenty stivers 
if he hath to serve it in case of Slander or Crime in 
the middle degree. 

For annexing a certificate. Twenty four stivers. 

But Petitions and Eemoustrances which are pre- 
sented to the Director General and Council by order 
of the Schepens in their official capacity ; also, all 
other writings and Instruments by command of said 
Schepens, he shall make out gratis, on the yearly 
salary promised to him by the Director General and 
Council. 

Dated as above in Amsterdam in Neiv Nctherland. 

(Signed,) Nicasius de Sille, La Montague. 



ORDINANCE 



Of the Court at Fort Orange prohibiting Dutch Bosloopers. 
27 July, 1655. 
[N. r. Col. MSS. VI. 66.] 



Approved 



Note. — On the 30 of June. 1655, an Ordinance was enacted by the 
Court of Fort Orange prohibiting Dutchmen running in the Woods 
in order to forestall Indians on their way with Beaver. This Ordi- 
nance was approved 27 July, 1655, but is not among the Records. Tr. 



NEW NETHERLAND. 191 



ORDINANCE 

Of the Director General and Council of New Netherland, imposing a 

Duty on exported Negroes. Passed C August, 1655. 

[N. Y. Col. MSS. VI. 70.1 

Whereas the Director General and Council of preamble. 
New Netherland find that the Negroes lately arrived 
here in the little ship, the Witte ])aert,fwm the Bight 
of Guinea, are carried and exported hence, without 
the Hon"'" Company, or the Inhabitants of this Prov- 
ince having derived any revenue or benefit thereby, 
the Director General and Council have resolved and 
decided that there shall be paid at the General Office Duty of Ten 

per cent ad 

on the Negroes who will be carried or exported from bfpafiU)" 
here elsewhere beyond the jurisdiction of Neiv Nether- ^^vlii^a. 



land, 10 per cent of what they are worth, or are pur-' 
chased for. Dated as above. 

(Signed,) P. Stuyvesant, Nicasius de Sille. La Mon- 
tagne. 

Note. — By a resolution dated 19 November, 1654, the Amsterdam 
Chamber of the West India Company, after considerable discvission, 
granted permission to Jan de Sweerts and Dirck Pietersen Wittepaert 
to proceed with their ship the Witte paert to the coast of Africa for 
Slaves and to dispose of them in New Netherland, "as such would 
tend to the increase of population and the advancement of said place." 
N. Y. Col. MSS. XII. 11. The above Ordinance refers to the Slaves 
imported in that vessel. This was the first cargo of Slaves imported 
into New Netherland, or the present territory ^f the State of New 
York, direct from Africa. Tr. 



from New 
NeUierland. 



ORDINANCE 

Of the Director and Council of New Netherland exempting Jews 

from Military service. Passed 28 August, 1655. 

[N. Y. Col. MSS. VI. 84 ; XVI. 59.] 

The Captains and Officers of the Burghers of this preamble 
City inquiring of the Director General and Council 
whether the Jewish Nation resident in this City, 



192 



LAWS OF 



Citizens 
of Neiv 
Amsterdam, 
object to 
Jews being 
admitted 
to serve In 
the Burgher 
Ckimpauy. 



People of 
the Jewish 
Nation to 
be exempt 
from Mili- 
tary Daty, 



On condi- 
tion of pay- 
ing 65 stivers 
per month. 



should be enrolled and march under their Burgher 
colors, which being duly weighed and thereupon 
considered, First, the disgust and dislike of the mass 
of Citizens to be Fellow soldiers of the aforesaid 
Nation, and to watch in the same guardhouse, and 
on the other hand, that the aforesaid Nation is 
not admitted or included In the famous emporium 
of Amsterdam, or, to our knowledge in any city of 
Netlierland, among the citizens in the Trainbands or 
general Burgher guard, but that the aforesaid nation 
contributes a reasonable sum for their freedom in 
that regard ; It is resolved by the Director General 
and Council, in order to prevent further mischief, 
that ageeably to the custom of the laudable govern- 
ment of the renowned commercial city of Amsterdum, 
the aforesaid nation shall be exempt from general 
expeditions and watches, on condition that each male 
person between the ages of 16 and 60 years shall for 
the aforesaid exemption, contribute to the support 
of the general Burgher charges, sixty-five stivers 
every month, and the Burgher court-martial is 
hereby authorized and commanded the same to 
obey until our further order, and, pursuant to the 
ten»r hereof, the aforesaid contribution to collect 
once a month, and, if refused, to levy execution. 

Thus done in Council in Fort Amsterdam, 28 • 
August, 1655. • 



Note. — The Jews in Amsterdam (Holland,) were of diflferent 
extractions — Portuguese, Spanish, Germans and Polish — and resided 
chiefly in St. Anthony's street, which was known as the Jewish Broad 
street. By the Laws of that city they were forbidden to speak or to 
write disparagingly of the Christian Religion ; to make Converts to 
their own Faith ; to exercise any Handicraft or carry on retail trade. 
Marriages between Christians and Jews were strictly prohibited, 
and even illicit intercourse was forbidden between men of the latter 
denomination and Christian females, although the latter might be of a 
disreputable character. Jews, however, enjoyed freedom of Religious 
worship ; had their own Synagogues, Burying-grounds, and even their 
own Butchers, and celebrated their Marriages according to their own 



NEW NETHERLAND. 193 



ORDINANCE 

Of the Director General and Council of Now Netlierland, for the bet- 
ter preservation of Fences. Passed 9 October 1G55. 
[N. T. Col. MSS. VI. 95 ; XVI. 60.] 

The Honorable Director General and Council of 
New Netlierland, hearing daily to tlieir great regret 
serious complaints that Posts, Eails, Clapboards and 
other fences around land under seed and gardens, set 

rites, having previously observed certain legal forms before a Magis- 
trate or Notary Public. (Handvesten, &c., der stad Amstelredam, fol. 
1748.) 

The Jews who immigrated to New Netherland were principally of the 
Portuguese race ; and the prejudices which existed in the Seventeeth 
and subsequent Centuries against this People, as a class, followed 
them to this country. In or about the year 1C54, Director Stuyvesant 
wrote to the Chamber of the West India Company at Amsterdam, 
requesting that none of the Jewish nation be permitted to infest New 
Netherland. But this was declared by his superiors inconsistent with 
reason and justice. The fact was, the Portuguese Jews were stock- 
holders to a large amount in the Company, and had applied for certain 
Privileges for their co-religionists. Thereupon a, special Act was 
issued in their favor, dated 15 February, 1655, permitting them to 
trade to New Netherland, and to live and reside there, on condition 
that they should support their own Poor. This seems to be the 
earliest record of Jews settling in this State. 

On the 27 July, 1655, those residing in Neiv Amsterdam petitioned 
for a grant of land for a Burying-ground. This was refused on the 
pretext that they had "no need of it yet." Death however, soon 
removed this excuse and on the 14 Feb., 1656, they were granted a lot 
outside the city " for a place of interment." 

Meanwhile, on 29 November, 1655, the Jewish' Merchants in Neio 
Amsterdam claimed, in virtue of the Grant of February 15, the right 
to trade to all parts of the Province, and having put goods on board 
a sloop for the Delaware, asked that their petition be granted. But 
on a vote of the Council the privilege of a general trade was refused, 
and they were allowed only to forward the goods they had shipped ; 
but this permission was not to be taken as a precedent. The other 
points of their petition were referred to Fatjierland. In December 
following, one of those Merchants, named Salvador d'Andrada, 
purchased a house and lot in New Amsterdam at pubUc Auction, for 
which he demanded a deed, " as he was ready to pay the purchase- 
money." This request was rejected "for pregnant reasons;" and, 
notwithstanding the proprietor asked leave to convey the property 
sold, the sale was declared null and void, and the premises were soon 
after sold to another person. 

25 



194 LAWS OF 

up at great expense, trouble and labor of the Inhabit- 
ants for the preservation of the Cornfields, are stolen 
by night and day; in order then to prevent the utter 
trampling under foot and destruction by Cattle of 
"what is already planted and sowed, and is yet to be 
sowed and planted, through want of Fences, which 
if not seasonably attended to will, it is feared, be the 
case, and that all the Lands and Gardens being strip- 

On the 13 of March, 1656, Stuyvesant -vfas instructed that "the Con- 
sent accorded to these people to go to New Netherland and there to 
enjoy the same liberty their Nation enjoyed in Holland, included all 
Civil and Political privileges." But as Stuyvesant feared that they 
may claim Freedom of Beligion also, he was told that "they should 
not presume to exercise Religious Worship in Synagogues or Meet- 
ings, and when they requested that privilege, to refer the petition 
to his Superiors." 

The Jews now remonstrated that they were taxed for the public 
works, and justly demanded, as they were taxed, so should they be 
admitted to the same privileges as other Citizens, both as regarded 
trading to all parts of the Province and purchasing and holding Real 
Estate. But the government answered, that they were taxed like 
other Citizens, because they had the like protection; that they en- 
joyed all the rights the Grant of 1655 allowed them, and as for holding 
Real estate, that matter was referred to the Company in Amsterdam. 

These Directors, influenced most probably by the Jewish stock- 
holders of the Company, answered in pretty sharp terms on the 14 
June, 1656 : 

"We have observed with displeasure that contrary to our Concession 
granted on the 15 Feb. 1655 to the Jews or Portuguese Nation, you 
have forbidden them the trade to Fort Orange and the South River, 
and the purchasing of Real Estate, which is here allowed without any 
difficulty. We had indeed wished that such had not been done, but 
that your Honors had more respectfully followed our Orders which 
you are punctually to obey according to their tenor. The Jews or 
Portuguese nation are not, however, to be at liberty to exercise any 
handicraft or to keep any open retail Store, which they cannot do in 
this City. But they shall pursue peaceably and quietly their Com- 
merce as aforesaid and be at liberty to exercise their Religious Wor- 
ship in all quietness within their houses. To wlxich end, they will 
doubtless seek, as they have done here, to select and buUd their dwell- 
iiigs together in a more convenient place, on the one or the other side 
of New Amsterdam." 

In the spring of 1657, on order was issued to the Burgomasters of 
that City to admit Jews also to the right of Citizenship. Such was 
the civil and political Condition of the Jews, under the Dutch in this 
country. The concession to the Jews, dated 15 February, 1655, is not 
among the State Records. Tb. 



NEW NETHERLAND. 195 

ped of Fences, what is sowed will come to nought, 
and, consequently, no grain will be harvested next 
year. 

Therefore, the Hon'"^ Director General and Council 
aforesaid, in the presence of the Burgomasters and 
Schepens of this City, being desirous to provide 
herein in time, as far as in their power lies, do, by 
these presents most expressly warn, and at the same 
time most strictly command all and every, of what 
rank or condition they may be, from now henceforth g^i^™?' 
not to strip any Gardens, sowed or planted Lands of remwedlM 
Posts, Bails, Clapboards or other Fences, on pain, if 
any one be discovered to have taken them away, in 
whole or in part, that he who will be found first 
to have violated this Law, shall be whipped and penalty of 
branded ; and for the second offense, punished with Sfi''''''' 
the halter until Death ensue; without dissimulation th|°Hrat "' 

' ofiTonse, and; 

or respect of persons ; And if any one after the date Sinledf 
hereof, give information as to who will have robbed offense be 

*^ repeated. 

any Lands or Gardens of Posts, Bails, Clapboards or 

any thing else, he shall receive a reward and his J^^^^^?'*"' 

name shall be concealed. Every one is hereby SlTwevea. 

warned. 

Thus done in Council in Fort Amsterdam, in New 
Netherland, the 9 October, A° 1655. 



196 LAWS OF 

ORDINANCE 

Of the Director and Council of NewNetherland for levying an Assess- 
ment in the City of New Amsterdam. JPassed 11 October, 1655. 
[N. T. Col. MSS. VI. 97.] 

Preamble. -Wheeeas it Las at divers times and occasions been 
thought proper and necessary in the opinion, yea, at 
the solicitation of the major part of the Citizens of 
this City Amsterdam in New Netherland, for the 
greater satisfaction of the major part of the Citizens, 
the safety of themselves, their houses and property, 
and for the better protection and security of the 
goods and Merchandise which are imported here by 
particular Skippers, Merchants, Factors and other 
passengers, to provide this City with some exterior 
Works, which Works, in this last unexpected conflict 

Works ^^^^ ^^^ Indians, natives of this Country, it has been 

"Siga-*"* judged necessary to repair and to strengthen with a 
Blind of plank 5 to 6 feet high in order to be more 
secure against an assault and surprise of the afore- 
said Indians; as appears by the Eesolution adopted 
for that purpose on the 20 September at the City 
Hall of this City. 

Loan For whlch purpose, both heretofore and now again, 

some moneys have been advanced and furnished by 
sundry honest Merchants, which, according to the 
usage of all well regulated Cities and places, ought 
to be made good and supplied by the Burghers, 
Inhabitants of, and by the Traders to such places. 

Therefore the Director General and Council of 
New Netherland having examined and seriously 
considered the written Eemonstrance of the Bur- 
gomasters of this City exhibited at various times, 
have, as supplement of incurred and still necessary 
expenses on these public Works, permitted them in 
the presence of all the Schepens, except Joannes Yer- 
Irugge, as they do hereby consent, that the aforesaid 



NEW NETHERLAND. 197 

Burgomasters shall, in the presence of the Hon surgomas- 
Director General Petrus Stuyvesant, first and foremost ^a^ry mS 
solicit both from the trading Skippers, Merchants, £gfy""»e 
Factors and Passengers and from the Citizens in 
general, a voluntary subscription and contribution, 
each according to his condition, state and circum- 
stances, and in case of opposition or refusal either incaseany 

• ■*■■*- one reluse 

from any disaffected or indisposed persons, which the Burgo'mi"-* 
Director General and Council do not anticipate, tl^e i^^ba'i?'^' 

•*^ ' ^ and levy 

abovementioned Burgomasters with the President of ^ ws"°° 
the Schepens are authorized, in the presence of the 
aforesaid Director General, to assess such, and accord- 
ing to their circumstances and condition them to con- 
strain to a reasonable Contribution, and promptly to 
enforce it by execution. Further hereby authorizing 
the aforesaid Burgomasters and President of the 
Schepens, present and future, in the presence and 
with the approval of the said Director General to 
find out and propose, at a more opportune time, ^^^t™?*: 
according to the order and custom of our Fatherland, SSa^a! 
some reasonable and necessary Taxes on Lots, Houses ^«^^™'<^ 
and Eeal estate, for further supplement and still 
needful repair of the "Works of this city, the City 
Hall and other requisite expenses. 

Thus done in the Assembly of the Director Gene- 
ral and Council of Neiv Netlierland, in the presence 
and company of the Burgomasters and Schepens 
(except Jan Pietersen Verbrugge). Dated as above, 
in the Council Chamber in Fort Amsterdam in New 
Netlierland. 

(Signed,) P. Stuyvesant, La Montagne, Cornelis van 
Tienlxoven. 



198 



LAWS OF 



Preamble. 

• 



No person 
to go into 
the couDtry 
without a 
Pass; 



Or, when 

going there, 
to separate 
from hia 
party. 



Penalty. 

Persons 
acting con- 
trary here- 
unto to be 
ransomed 
only at 
their own 
expense, 
if taken 
prisoners. 



ORDINANCE 

Of the Director and Council of New Netherland against persons going 

into the Country in small parties. Passed 16 October, 1655. 

[N. T. Col. MSS. VI. 103.] 

Whereas the Director General and Council learn 
•with regret that in these dangerous times some 
Christians do not hesitate to go into the Country in 
small parties, or when going out in stronger force, to 
separate from each other, or are not as they ought, to 
be, on their guard, nor do they mind their guns, by 
■which carelessness and negligence it has already hap- 
pened, more than once, that some Christians have been 
taken prisoners by the Savages and others killed. In 
order then to prevent this, the Director General and 
Council of New Netherland do hereby command that 
no person, of what quality soever he may be, shall 
henceforward undertake to proceed or to go inland 
without first having applied for and obtained the 
special consent of the Director General and Council 
or their deputy. When the consent of the Director 
General and Council to go inland with a party is 
obtained, the Director General and Council order 
that no person belonging to the troop or party shall 
run off, on pain of arbitrary correction to be inflicted 
on whomsoever will have acted contrary hereunto, 
and moreover, no ransom shall in anywise be solicited 
or paid, except at his own cost and charges, for any 
such person, who, against this prohibition and warn- 
ing, hath, without permission or contrary to order, 
gone inland or separated from the troop and party, 
and is in consequence taken prisoner. 

Thus done in the Assembly of the Director Gen- 
eral and Council holden in Fort Amsterdam in Neiv 
Netherland. Dated as above. 



NEW NETHERLAND. 199 



ORDINANCE 

Of the Director General and Council of New Netherland authorizing the 

laying out of the Village of "Midwout. Passed 16 October, 1655. 

[N. Y. Col. MSS. VI. 100.] 

Whereas Jan S try deer, Adriaen Hegeman, and preamwe. 
Thomas Sivartwout, Inhabitants and Magistrates of 
the village of Midwout, situate on Long Island, have 
this day exhibited to us a certain Plan and Petition 
annexed, to be empowered to effect the concentration 
of the aforesaid Village, for the greater security 
thereof, and for enabling the Inhabitants in general, 
when necessary, the more readily and effectually to 
assist each other; Which, being examined by us, the pianoftho 

' e> J ' village of 

Director General and Council of New Netherland, we ^pro^ed. 
have approved thereof, and so deemed it proper and 
necessary. We, therefore, do hereby authorize said J^^^'j^f™' 
magistrates 8tnjclcer, Hegeman, and Sivartwout, to lay ^oValSliy. 
out the aforesaid Village according to the exhibited 
Plan ; provided that 5 @ 6 lots be reserved for Public Lota to be 

*■ ^-^ ^ re.served for 

buildings, such as for the Sheriff, the Minister, the Sfnltefl"^' 
Secretary, Schoolmaster, village Tavern and public f^"?^^^^^ 
Court-house; hereby commanding the Inhabitants SSSs?'"'" 
of the said Village in general to submit themselves 
without opposition, provisionally and until further 
order, to the proposal of the aforesaid Magistrates 
and this our good intention. 

Done in the Assembly of the Hon*" Director Gen- 
eral and Council of Neiv Netherland, holden in Fort 
Amsterdam. Dated as above. 



200 



LAWS OF 



ORDINANCE 



Preamble. 



No p**rson 
lo cross the 
Biver, or 
hold inter- 
coarse with 
Indians on 
pain of pun- 
ishment. 



Indians 
authorized 
to detain 
such per- 
sons and 
their boats, 
that cross 
without a 
pa^s. 



All persona 
lorbidden 
to frequent 
the shore 
on the 
departure 
or return of 
the govern- 
ment Boat, 
or on the 
arrival of ' 
any Indians, 
on pain of 
arrest. 



Of the Dii'ector General and Council ot New Netherland prohibiting 
intercourse with the Indians on the West side of Hudson's river. 
Passed 18 October, 1655. 

[N. T. Col. MSS. TI. 101] 

"Whereas, by going backward and forward to the 
Indians, many false rumors and reports are circulated 
both among us and among the Indian Nation, to 
prevent which the Director General and Council of 
Neiu Netherland again most expresssly command and 
admonish all persons, of what quality soever they 
may be, not to go over with Boat or Canoe or any 
other Vessel, however called, or to hold any manner 
of intercourse or conversation with the Indians, on 
pain of arbitrary punishment: And the Directoi 
General and Council do, further, give warning that 
they have ijermitted and ordered the Indians, in case 
anyone go over or approach the Indians without a 
sign and token from the General, to detain and sub- 
ject to ransom such Boat, Canoe, or persons. Let 
every one be on his guard against loss. 

Whekbas, further, the Director General and Coun- 
cil experience and palpably see the crowding and 
unseemly clamor of some of our Nation, whenever a 
Boat is dispatched by the Director General and Coun- 
cil to have a talk with the Indians about the ransom- 
ing of the Prisoners, and on its return, which not 
only alarms the Indians but also creates an unfavor- 
able suspicion, and therefore they will not come over 
to speak with the Director General and Council ; to 
prevent which the Director General and Council do 
hereby Ordain and command all persons of what 
rank soever they may be, not to be, or to go there 
about, on the departure or return of the Director 
General's row-boat, or when any Indians come across, 
and whoever, old or young, may be found in or about 



NEW NETHERLAND. 201 

th§ street, shall be subject to the penalty of being 
arrested by the Military and placed in confinement ; 
and Parents are particularly admonished to inform parents to 

*■ '' warn their 

their children hereof, and to warn them against t^'^*'™- 
damage. 

Thus done in Fort Amsterdam in New Netherland. 
Dated as above. 

(Signed,) P. Stuyvesant, La Montagne, Cor. van 
Tienhoven. 



ORDINANCE 

Of the Director General and Council of New Netherland renewing 
the Ordinance against Goats running at large in New Amsterdam. 
Passed 5 November, 1655. 

[N. T. Col. MSS. VI. 146.] 

Whereas great complaints have heretofore been preamwe. 
made, of the serious damage which the Goats and 
other Animals committed in and about this City, as 
well on the Fort and Gardens as to other planted 
fruits and trees, in consequence whereof, a prohibition 
has been repeatedly issued against keeping any 
Goats here, yet we find that several Goats are 
brought back here, which not only ruin all the Fruit- 
trees they can reach, but also destroy the Gardens 
of the Burghers, and lay waste the Corn-fields, 
whereof loud complaints are made to the Director 
General and Council of NeAv Netherland, who there- S°™" 

' Oramunce 

fore resolved hereby, in short, to renew the formerly gSts!*^ 
enacted Ordinance to that effect, heretofore published, 
and, at the same time, to warn all those who have 
any Goats running here at this side of the Fresh noatstoue 

kept and 

Water, them to have kept and herded beyond or hlfSthe 
across the Fresh Water, also at night to shut them OTto''be°con- 

^ fined ill a 

up in a Barn or Stable, so that said Goats may not ^^Ji\°f 
be able to do any more damage to the crops and 
trees, on pain of the seizure and forfeiture, for the 
26 



202 LAWS OF 

bouto ortSe ^^I'oof and profit of the Poor, of any Goats that -will 
S^teseSed be found, after the posting hereof, on this side of the 

Hiid sold lor --, , __ 
of the Poor. 

Thus done in the Assembly of the Hon"^^ Director 
General and Council holden in Fort Amsterdavi in 
' New Netherland. Date as above. 



ORDINANCE 

Of the Director General and Council of New Netherland increasing the 
Tavernkeepers' Excise throughout the Province of New Nether- 
land. Passed 29 November, 1G55. 

[N. T. Col. MSS. VI. 173.] 

The Director General and Council, considering the 
great and excessive expenses incurred the last year 
on account of the English troubles, and now again 
de novo created by the Southern expedition, besides 
those they must bear in consequence of this unex- 
pected, deplorable encounter with the Indians, natives 
of these parts, which expenses are increased by main- 
taining a greater number of Soldiers than formerly, 
as well on the South River in Fort Casimir, as here, 
at Fort Oray.ge and elsewhere ; and that on the other 
hand, the Eevenue is smaller than it was last year, 
estimating the Duties received at not half so much 
as they were last year, whereby the Treasury is con- 
siderably in arrears, and it is in the highest degree 
necessary that subsidies be found, in order to relieve , 
and supply in some measure what is hereinbefore set 
forth ; 

Therefore the above mentioned Director Gene- 

be''Sed, ral and Council have resolved, inasmuch as the 

• Excise on Wines and Beer to be consumed by the 

Tavern keepers and Tapsters next year, within 

the jurisdiction of this City New Amsterdam, will be 

publicly let to-morrow to the highest bidder, accord- 



Excise on 



NEW NETHERLAND. 203 

ing to the praiseworthy custom and order of our According 

•' to the cua- 

Fatherland, to raise the Excise on Wines and Beer gj?,^^ 
everywhere within this Province, so that hencefor- 
ward there shall be paid by the Tavernkeepers and 
Tapsters as Excise for an ordinary 

Hogshead of French or Ehenish wine, fl. 20 ^i^l^ 

An anker of said wine, 4 

An anker of Spanish wine, Brandy, or dis- 
tilled Liquor 7 

A marked tun of Strong New Netlierland Beer, 4 

A tun of foreign Beer, 6 

Larger or smaller casks in proportion. 
Thus done in the Assembly of the Director General 
and Council holden in Fort Amsterdam in New Nether- 
land, dated as above. Eesumed and published on 
the last of said month of November. 

(Signed,) P. Stuyvesant, Nicasius de 8iUe, La 
Montaane. 



OBDINANOE 

Of the Director General and Council of New Netherland fixing the 

price of strong New Netherland Beer. Passed 29 November, 1655. 

[N. T. Col. MSS. Vn. 174; XVI. 61.] 

The Director General and Council of Neio Nether- Preamble. 
land having considered on the one side the great, 
excessive and immoderate profit which the Brewers 
exact on their Jjrewed Beer, and on the other hand, 
the repeated complaints presented to them by the 
Inhabitants of this Province against the Brewers, 
that they, on the imposition or increase of any Taxes, 
are making their Beer, each time, thinner and poorer, 
and will, notwithstanding, have the same price ; yea, 
more than they asked for it when grain was dearer 
and scarcer than it is at present ; which tends to the 
great prejudice of the Inhabitants, and only to enrich 
.some few: Wherefore, the aforesaid Director General 



204 



LAWS OF 



and Council do, hereby, command and Ordain that 
to"S?|e°°' ^^^ Brewers within this Province, or those who make a 
fogulwers business of Brewing, and dispose or sell their Beer to 

for a tun of o ' jr 

BtrongBeer. othcrs, shall scll, or take for a gauged Tun of strong 
New Neilierland Beer, no more than Twenty guilders, 
for which they shall be bound to brew good Beer, 
particularly not weaker than has been hitherto manu- 
factured. 

Done in Fort Amsterdam in New Netherland, the 
29 November, A" 1655.* 



Preamble. 



Excise to bo 
paid by 
Tavern- 
keepers on 
"Wine, 
Brandy and 
Beer, 



Liquoig 
laid in for 
private con- 
sumption 
exempt 
from 
Excise. 

No Liquors 
to be sold 
to Indiana. 



ORDINANCE 

Of the Vice Director of Fort Casimir imposing an Excise on Liquors 
at Fort Casimir, and prohibiting the sale of Liquor to Indians on 
the South river (Delaware). Passed 20 December, 1655. 
pr. T. Col. Mss. xvni. 21.] 

Whekeas, it is resolved, pursuant to the Instruc- 
tion of the Hon'''^ Vice Director and the order of the 
Hon"'" Governor and Supreme Council, to impose 
some Duties on Liquors for the maintenance of the 
Fort and other indispensable expenses, therefore, the 
Inhabitants of this place are warned that there shall 
be paid, from this time forward to the Vice Director, 

For one hogshead of French Wine, fl. 20 

For one anker of Brandy, or distilled 

Liquor, 7 

For one tun of Holland or Foreign Begr, 6 

For one tun of New Netherland Beer, 4 

Larger and smaller quantities in proportion. 

Which Excise shall also be paid by those who drink 
in company or clubs ; but those who will lay in some 
for their provision shall be exempt from this Impost. 

It is further expressly forbidden to all persons, be 
they who they may, to sell any Strong drink tc 

'■'- See note to Ordinance of 18 August, 1653. 



NEW NETHERLAND. 205 

Indians, whereby these may be reduced to a state of 
drunkenness, on the penalty thereto prescribed at the 
Menahatas. 

Also, no person shall attempt to sell or barter any no^p*™" 
property distributed to the Soldiers, on the penalty l^^onglnT 
of having said articles taken for the use of the 
Hon"® Company, and the value thereof in addition. 



ORDINANCE 

Of the Director General and Council of New Netherland to prevent 
Firing of Guns, Planting May poles and other Irregularities within 
this Province. Passed 31 December, 1655. 

[N. T. Col. MSS. VI. 207 ; XVI. 62.] 

The Director General and Council of New Nether- 
land, 

To all those who see these Presents, or hear them 
read, Greeting. 

Whekeas experience hath demonstrated and taught ^reamwe. 
that, besides an unnecessary waste of powder, much 
Drunkenness and other insolence prevail on New 
Years and May days, by firing of Guns, planting 
May poles and carousing ; also other deplorable acci- 
dents such as wounding, which frequently arise there- 
from. In order to prevent these in future, the 
Director General and Council expressly forbid from 
this time forth all firing of Guns, or planting of May ™^s"i^„t. 
poles within this Province of New Netherland, on p"o1e3^"''^ 
New Years or May days ; also the making of any 
noise by beating of Drums, or the retailing of Wine, Beating 
Brandy or Beer on these occasions, and this only to |."q,;l,'=r"in^ 
prevent more accidents and mischief, on a penalty anTMa^'^ 

■■■ ' 1. *j flays, pro- 

of 12 guilders for the first offense ; double for the p^"^^"^- 

second offense, and for the third an arbitrary correc- 
tion ; to wit, one-third [of the fine] for the Officer, 
one-third for the Poor and one-third for the com- 



206 LAWS OF 

plainant; they further hereby Order all Inferior 
Courts within this Province, to cause these presents 
to be published and posted at the usual places, and 
the same to be promptly executed. 

Thus done in the Assembly of the Director Gene- 
ral and Council in Fort Amsterdam in New Nether- 
land, this last of December, A° 1655 



ORDINANCE 

Of the Director General and Council of Netv Netherland for the 
formation of Villages, and prohibiting Straw roofs and Wooden 
chimneys. Passed 18 January, 1656. 

[N. T. Col. MSS. VI. 226.] 

preftmbie. Wheeeas sad experience hath from time to time 
proved that, in consequence of the separate dwellings 
of the Country people located on the Flatland in 
divers hooks and places, in complete opposition to 
the Order and good intention of the Hon*"'^ Company 
and its government here, many murders of People, 
killing and destruction of Cattle, and burning of 
Houses, have been committed and perpetrated by 
the Indians, natives of this Country, the most of 
which might have been, with God's help, prevented 
and avoided, if the good Inhabitants of this Province 
had settled themselves together in the form of 
Towns, Villages and Hamlets, like our neighbors of 
Neiv England, who, because of their combination and 
compact residences have never been subject to such, 
at least not to so many and such general disasters, 
which have been caused, next to God's righteous 
chastisement, on account of our sins, by tempting 
the Savage Barbarians thereto by the separate resi- 
dences of the Country people; the one not being 
able, in time of need, to come to the assistance of 
the other, in consequence of the distance of the places, 



NEW NETHERLAND. . 207 

and the impossibility of the Director General and 
Council to provide each separate Country house with 
a guard. To this, then, besides the Murders, Dama- 
ges and destruction of divers People, Bouweries and 
Plantations already suffered, is owing also the last, 
to the serious loss and hindrance of this country and 
the people thereof, the recurrence of which is to be 
apprehended and expected hereafter no less than now 
and heretofore, unless the good Inhabitants are 
taught by their losses and those of others to be wiser 
and more prudent, and to allow themselves to be 
influenced -by good law, as they are bound to be, to 
form compact dwellings in suitable places, in form 
and manner as will be laid down to the Inhabitants, 
by the Director General and Council, or their Com- 
missioners, when the Director General and Council 
will be able to assist and maintain their subjects, with 
the power intrusted to them by God and the Supreme 
government. « 

In order that this may be the better executed and 
obeyed in future, the Director General and Council 
aforesaid do, hereby, not only warn their good sub- 
jects, but likewise charge and command them to mnabitanu 

'^ to coiicen- 

concentrate themselves, by next Spring, in the form setiIsS" 
of Towns, Villages and Hamlets, so that they may v'iuag''e3.'' 
be the more effectually protected, maintained and 
defended against all assaults and attacks of the Bar- 
barians, by eacb other and by the military intrusted 
to the Director General and Council; Warning all 
those who will, contrary hereunto, remain hereafter 
ou their isolated plantations, that they will do so at 
their peril without obtaining, in time of need, any 
assistance from the Director General and Council. 
They shall, moreover be fined annually in the sum penalty. 
of 25 guilders for the behoof of the public. 

Furthermore, the Director General and Council in 
order to prevent a too sudden conflagration, do 



208 



LAWS OP 



Btraw roofa 
and Wooden 
Chimneys 
prohibited. 



Ordain that from now henceforth no Houses shall 
be covered with Straw or Eeed, nor any more Chim- 
neys be constructed of Clapboards or Wood. 

Thus done, resolved, resumed and enacted in the 
Assembly of the Director General and Council holden 
in Fort Amsterdam in Neio NetJierland. Dated as 
above. 

(Signed,) P. Stuyvesant, Nicasius de SUle, La Mon- 
tagne, Cor. van Tienlioven. 

Published on the above day. 

Note. — On the subject of the preceding Ordinance, the Directors in 
Amsterdam write as follows, on the 19 December, 1656 : ' 

"We are weU pleased with the Edict your Honors have enacted 
respecting the Separate habitations of the outside people, provided it 
apply to the Builders of new dwellings, and not to those whose houses 
are already erected and constructed, for we do not think it fair to 
constrain the latter thereto." J^. Y. Col. MSS. XII. 45. 



Preamble. 



No Cattle to 
be slaugh- 
tered 



ORDIlSrANOE 

Of the Director and Council of TSTew Netherland establishing an Ex- 
cise on Slauglitered cattle. Passed 18 January, 1656. 
[N. Y. Col. MSS. TI. 229 ; XVI. 63.] 

The Director General and Council of New Nether- 
land, 

To all those who see these Presents or hear them 
read. Greeting, make known. 

Whekbas divers complaints are daily made to 
them, which experience also confirms, that now and 
again Cows, Hogs, and other Animals at the Flat- 
land are stolen, slaughtered and sold by Christians, 
or at least by persons reputed to be Christians, who 
go under the guise and name of Indians ; to prevent 
which as much as possible, the Director General and 
Council aforesaid do hereby most expressly interdict 
and forbid even the owner to slaughter any Cattle, 
Hogs, Sheep or Goats from this time forward either 
within this City or any other Town, Village or 



Miiffistrates 
to deter- 
mine the 



NEW NETHERLAND. 209 

Hamlet on tbe Flatland belonging to tLis Province, 
nnless sucli owner first enter said Cattle, be it Ox, 
Cow, Calf, Hog, Goat or Sbeep, on tbe same day he 
intends to slaughter it, with tbe Magistrates of the 
respective place where he belongs, or with such per- 
son as shall be thereunto appointed by the Magis- without a 
trates, each in bis respective locality, and receive a 
permit so to do, on pain of forfeitiug the slaughtered penalty for 
animal and double its value ; for which Permit to k"permu.?"' 
slaughter tbe owner shall pay to the Magistrate or 
tbe Collector, to be by the Magistrate appointed for 
that purpose, for the use of the public, one stiver in ^^^^^'^ 
tbe guilder* of the true value of each animal, whether 
Ox, Cow, Calf, Hog, Goat, or Sheep. In case of dis- J? d"pote, 
pute, the value to be determined by the Magistrates tSlfe'ter 

'■ ' JO minetht 

in their jurisdiction, or their Commissioners. Which ™!^5s' 
moneys shall in each City, Village or Hamlet be laid 
up aud kept, to be, in time of need, employed and ^^^f^^^^jo 
applied for the maintenance and protection of the priawd."' 
public interests and the villages, either in the levying 
of soldiers or purchasing of necessary ammunition 
according as circumstances shall require. The fines f^if^f°"^ 
for transgressing this Law shall be applied aud ex- 
pended, one-third for tbe Informer, one-third for the 
Ofiicer, one-third for the behoof of the Public, as 
aforesaid. 

Thus done io Fort Amsterdam in New Netlierland, 
the 18 January, A° 1656. 

Note. — A Slaughter Excise was established in Amsterdam in 1645, 
and was fixed at the 40"" "penning," or about two and a half percent 
of the value of the animal. The New Netherland Excise amounted 
to 5 per cent. The latter Law was copied from the former, which is to 
be found in the Handvesten, &o., van Amstelredam. Ed. 1748, fol. 
I. 171. 

* A guilder was equal to twenty stivers. 

27 



tributed. 



210 



LAWS OF 



No Purs to 
be removed 



Unless 
previously 

entered with 
the district 
Commla- 
sary, and 

An Invoice 

thereof 
brought to 
the Fiscal. 



Penalty. 



ORDINANCE 

Of the Director and Council of New Netherland for the more effectual 

collection of Duties on exported Furs. Passed 27 Janum-y, 1656. 

pr. T. Col. MSS. VI. 257 ; XVI. 65.] 

The Director General and Council of New Nether- 
land, 

To all those "who see or bear these presents read, 
Greeting, make known. 

That they having experience of the gross frauds 
and smuggling which have, for a long time past, been 
committed with regard to the duties on Peltries, and 
imposts heretofore placed on the consumption of 
Wine and Beer which are exported, are resolved to 
publicly let them to the highest bidder in the mid- 
dle of March, except the duties of the Customs and 
the 8 per cent on the Peltries which are sent direct 
by the return ships to Fatherland. In order to 
act with more certainty and the better to prevent 
all fraud and smuggling, the Director General and 
Council hereby warn and order all Skippers, Boat- 
men, Traders and Merchants, both Inhabitants and 
Strangers, not to embark, transport, carry or remove 
from this time forth, with Yachts, Boats, Carts, 
Wagons or in any other manner any Beavers, Otters, 
Bearskins or other Peltries, unless such Peltries be 
first regularly entered with the Company's commis- 
sary, each in his district, and an invoice under his sig- 
nature of the full quantity thereof, by whom shipped 
or sent and to whom consigned, be brought to the 
Fiscal, on pain of forfeiting the concealed Peltries 
and double the value thereof, whether the Skipper or 
owner even brings them with him for his own use or 
as freight for others: hereby not only warning all 
and every one against loss but also, in addition, com- 
manding their Fiscal, Commissaries and other officers 
strictly to execute this Law after the publication and 



NEW NETHERLAND. 211 

posting thereof, duly to inspect all departing and 
arriving Vessels, Boats, Carts, or Wagons and to 
proceed against the Smugglers as the case may 
require. 

Thus done, enacted and resumed the 27 January, 
A° 1656. 



Preamble. 



ORDINANCE 

Of the Director and Council of New Netherland against Conventicles. 

Passed 1 Febniary, 1C56. 

[N. Y. Col. MSS. VI. 261 ; XVI. 66.] 

Whereas the Director and Council of Neiv Nether- 
land are credibly informed and apprized that here 
and there within this Province not only are Conven- 
ticles and Meetings held, but also that some unqual- 
ified persons in such Meetings assume the ministerial 
office, the expounding and explanation of the Holy 
"word of God, without being called or appointed 
thereto by ecclesiastical or civil authority, which is 
iu direct contravention and opposition to the general 
Civil and Ecclesiastical order of our Fatherland, 
besides that, many dangerous Heresies and Schisms 
are to be apprehended from such manner of meetings. 
Therefore, the Director General and Council aforesaid neiigious 
hereby absolutely and expressly forbid all such Con- j'^^^^^'^^"' 
venticles and Meetings, Avhether public or private, duS™*^ 
differing from the customary, and not only lawful but prohibited, 
scripturally founded and ordained Meetings of the 
Eeformed Divine Service, as this is observed and 
enforced, according to the Synod of Dortrecht, in this 
Country, in our Fatherland and other Eeformed 
Churches in Euro])e, under the penalty of One hun- jnqnaMea 
dred pounds Flemish to be forfeited by all those who, ^l^^tm 

, _ pounds. 

being unqualified, take upon themselves, either on 
Sundays or other days, any office whether of Preacher. 



212 



LAWS OF 



Persona 

assisting at 
such Meet- 
iags to pay 
a nne ol £ 25 



Law not to 
apply to 
freedom of 
Betigion 
already 
grs.nted in 
charters, 

Or to 
Private 
family 
worstilp. 



Law to be 
published 
through 
out the 
Province. 



Eeader or Singer, in sucli Meetings differing from 
the customary and legal Assemblies, and 25 lilve 
pounds to be forfeited by every one, -whether Man or 
Woman, married or unmarried, who is found in such 
Meetings. The Director General and Council do not, 
however, hereby intend any constraint of conscience 
in violation of previously granted Patents, nor to 
prohibit the reading of God's Holy Word, Family 
prayers and Worship, each in his household, but 
all public and private Conventicles and Meetings, 
■whether in public or private houses, differing from 
the repeatedly mentioned customary and ordained 
Eeformed Eeligion. 

In order that this may henceforward be the better 
observed and obeyed, and that no one pretend igno- 
rance thereof, the Director General and Council 
command their Fiscal and the Inferior Magistrates 
and Sheriffs to publish and cause to be published 
these presents everywhere within this Province and 
to cause them to be executed against the Contrave- 
ners, the more especially as we find such to pertain 
to the honor of God, the advancement of the Ee- 
formed Eeligion and the general peace, harmony and 
wellbeing of the country. 

Thus done, resolved, resumed and enacted in Fort 
Amsterdam in Neiv Netherland this First of February, 
A" 1656. 



Note. — The preceding Law was aimed against the Independents 
of Middelburg (now Newtown) Li. I., and the Lutherans of New 
Amsterdam. 

On the 15 Jan., 1656, the Rev. Messrs. Megapolensis and Drisius, 
Ministers of New Amsterdam complained to the Director and Council 
that, since the departure of the Rev. Mr. Moore from Middelburgh, 
some of the Inhabitants of that town had, thougli entirely unqualified, 
presumed to liold Conventicles or Religious Meetings and to act 
in these as Ministers of the Gospel, whence nothing else could be 
expected than quarrels, confusion and disorder both in Church and 
State in that place, and a bad example to other parts of the Province. 
They, therefore, requested that some provision be made against such 
unlicensed proceedings. The subject was renewed on the 18th of the 



NEW NETHERLAND. 213 

ORDINANCE 

Of the Director and Council of New Netlierland for tlie immediate 

formation of tlie Village of Midwout. Passed 22 February, 1G56. 

[N. T. Col. MSS.VI. 296.] 

Whereas the Director General and Council of preamwe. 
Netv Netherland, sufficiently understand not only 
by reports but by their own observation, that the 



same month, and the ahove Ordinance, appears to have been issued 
accordingly. 

Previous to this, however, about the year 1653, the Lutherans of 
N^ew Amsterdam had petitioned for Freedom of Religious Worship, 
and for permission to call a Clergyman. Their petition was trans- 
mitted to the Chamber at Ainsterdam. The Clergy at the Manhat- 
tans and the Classis of Amsterdam opposed the concession, and the 
Directors wrote as follows : 

"12 March, 1654. In accordance with our Custom and that of the 
East India Company, we have resolved absolutely to refuse the 
petition which some of our Inhabitants and those of the Augsburg 
Confession have presented for a Minister and the enjoyment of free 
exercise of their Worship, and the consequences that might foUow 
therefrom. We moreover have recommended your Honors not to 
receive or to transmit hither any more such petitions, but rather 
to reject them in the easiest and least offensive manner, and further to 
employ all rea-sonable and moderate means to win those people over, 
to the end that they be brought to hearing, and in time to the public 
profession of the Reformed Religion, in order thus to live and con- 
tinue in greater love and unity together." N. Y. Col. MSS. XII. 1. 

The Lutherans however seem to have continued their Meetings 
meanwhile. The Dutch authorities were not pleased with their open 
worship any more tlian with that of the Independents, and on the 
promulgation of the Law against Conventicles, some of the Lutherans 
were imprisoned. 

On receiving this intelligence and a copy of the Law, the Directors 
at Am,sterdaw, disapproved at once of tjie Ordinance, and of the 
severity with which it had been enforced. 

" 14 June, 1656. We should have gladly seen that your Honor had 
not posted up the transmitted Edict against the Lutherans, and had 
not punished them by imprisonment which they declare was inflicted 
on them, inasmuch as it has always been our intention to treat them 
with all peaceableness and quietness. Wherefore your Honor shall 
not hereafter allow any more such or similar Edicts to be published 
witnout our previous knowledge, but suffer the matter to pass in 
ailence, and permit them their free Worship in their houses." 

To the Lutherans of New Amsterdam therefore belongs the credit 
of having procured the Veto of the above intolerant Law. Tb. 



214 



LAWS OF 



Plan of the 
Village of 
Midu<ou£ 
established, 
and 



Bent to the 
Sheriif. 



Village lots 
to be laid 
out accord- 
ing to the 
Plan. 



All Inhabit- 
ants to con- 
form to said 
Plan, and 



To pay 
assessments) 
to erect 
palisades, 
and a Block- 
house. 



Magistrates and Inhabitants of the Village of Mid- 
wout cannot agree, but are almost continually at 
loggerheads, about the formation of their Village 
and the concentration of the Settlement, -whereby so 
necessary an affair is delayed to the injury of the 
public and of private persons ; the Director General 
and Council aforesaid were under the necessity, after 
inspection and examination, to provide therefor, and 
have to that end fixed upon a Model or Plan accord- 
ing to -which they understand that the aforesaid 
Village ought and shall be formed under existing 
circumstances ; -which Model and Plan they here- 
■with send to the Sheriff, Peter Tonneman, and the 
Magistrates of the aforesaid Village, with express 
order and command to lay out the settlement and 
the lots thereunto required in the form agreeably to 
the aforesaid Model, and to allot them to the first 
that is ready to build without distinction of persons 
and without making any alteration in the Plan ; 
hereby commanding, at the same time, all Inhabit- 
ants already residing, or hereafter coming to live 
in the Village aforesaid, to submit themselves to 
the aforesaid Order, model and survey, and to the 
Taxes or assessments which the aforesaid Sheriff 
and Magistrates shall find necessary to collect with 
the advice of the Director General and Council, in 
order to promote the setting off of the aforesaid 
Village with palisades and a Blockhouse. 

Thus done in the Assembly of the Hon*"'^ Director 
General and Council, holden in Amsterdam in Neiv 
Netherland, dated as above. 

(Signed,) P. Stuyvesant, Nicasius de Sille, La 
Montague, Cor. van Tienlioven. 



NEW NETHERLAND. 215 



RESOLUTION 

Of the States General ratifying the Treaty of Hartford. Passed Feb- 
ruary '22d, 1656. 
\Acle-Sook of the States General.l 

Act of approbation of the therein inserted Ex- 
tract of an Agreement made and concluded at 
Hartford, relative to the Boundary line between 
Neiv Netherland and Neio England, &c. 
The States General of the United Netherlands, 
To all those -who shall see these presents or hear 
them read, Greeting, be it known. 

Wheeeas there hath been delivered unto us, by preamwe. 
order of the Directors of the Incorporated West 
Company at the Chamber at Amsterdam, the Extract 
of the Articles of Agreement hereafter set forth, 
made and concluded at Hartford in Conitticot, the 
nineteenth of September, XVI° and fifty, relating as 
well to the Line of Division between Neiv Netherland 
and New England as to other matters, in the words 
following : 

Extract of the Articles of Agreement made and Articles of 

^ Agreement 

concluded at Hartford, situate in Conitticot, ^'S1„« 
the 19'" September, 1G50, between the Arbi- 5ft<A«.w. 
trators of the Hon'''^ Commissioners of the 
United Colonies and Petriis Stuyvesant, Direct- 
or of Netv Netherland. 
With respect to the Boundary line between the 
United English Colonies and the Dutch Province of 
Netv Netherland, we agree and conclude as follows : 

1. That on Long Island, a line drawn from the b°™^«7^^ 
westernmost part of Oyster lay, and thence in a and Eilliish 

. 1 1 n 1- on Long 

direct and straight course to the sea shore, shall be i5(a.ui,aiid 
the Boundary between the Dutch and English on 
Long Island : the Eastern part for the English, and 
the western part for the Dutch. 



216 LAWS OF 

onthe 2. The boundary on the Mainland shall begin on 

the west side of Greenwich lay, being about four 
miles from Stanford, and thence run inland in a north- 
Boundary erly course Twenty miles, provided it shall not come 

uot to come •^ ./ ^ 

mues^flhe ■within ten miles of the North river ; after that as it 
North river. ^-^qXI bc agreed upon by the two Governors — i. e., of 
The Dutch the Dutch and New Haven; and it is agreed that the 

not to build ' ° 

mi'i^"ofth9 Dutch shall not at any time hereafter build any 
houses within six miles of the said line ; the inhabit- 
undl?t1i? ^^ts of Greemvich to remain until further order and 
Mnrn'^efr' cousidcratlon under the government of the Dutch. 
TheDutchto 3. The Dutch shall hold and occupy the laud at 

occupy the ■*- *^ 

MtuLiy^^ Hartford which they now actually possess, known by 

posse;33 at T 1 • • T 

Hartfm-d. divers marks and tokens, and all the remainmg lands 
All other on both sides of the Fresh river to belong and remain 

lands on tne *^ 

S™to'°"' to the English there. And it is in like manner agreed 
tue"Elgii3h. that the aforesaid Boundary both on the island and 
Treaty to be mainland shall be observed and kept inviolate both 

observed ^ 

BmiudSfy by the United English Colonies and the Dutch Na- 

be clstGr" 

i'u?Se'" t'^ou, without any further extension or trouble on 
either side, until there be a final conclusion deter- 
mined upon in JEiirope, by the mutual consent of both 
the States of England and Holland. 

Eespecting Fugitives. 

If'the'cJ.n-- ^^ ^^ agreed that the same method shall be observed 
le'unitT*' between the United English Colonies and the Dutch 

English 

respecung Nation in this counti-y of Neio Netherland, agreeably 
beSbserved to the eighth Article of the confederation between 

by the 

ijutch. tjie United English Colonies, in that case provided. 

untou" Concerning the proposition of a closer union and 

EnTiffh a*nd friendship between the English and the Dutch Nation 

men?^ lu thcse parts, especially against a common enemy : 

We judge it to be worthy of good consideration by 

the United Colonies, and in like manner, desire it 

may be communicated and recommended to them, 

that a resolution therein may be taken' at the next 



NEW NETHERLAND. 217 

annual meeting of the Commissioners. And in testi- 
mony of our unanimous consent to tlie foregoing 
several conclusions, have we signed these with our 
own hands, this nineteenth September, Anno XV1° 
and fifty. 
Lower stood : 

Symon Beoadsteeete, Thomas "Willet, 
Thomas Peeijce, George Baxtee. 

Therefore have we, after mature deliberation, ap- EatiHca- 
proved and ratified, as we do hereby approve and 
ratify the Articles mentioned in the foregoing extract ; 
requiring and ordering, that the contents thereof 
shall take effect according to their form, and be 
observed and maintained by all and every residing 
within our jurisdiction whom it may in any wise con- 
cern, without doing or suffering anything to be done 
to the contrarj', on pain of incurring our highest 
displeasure. For such we have found to be for the 
greatest advantage of the country. 

Given at the Hague under our seal, paraph and 
the signature of our Clerk on the two anjj twentieth 
of February, XVI° and fifty-six. 



28 



218 LAWS OF 



OKDINANCE 

Of the Vice Director and Council of Fort Casimir for the proper main- 
taining of Fences on Lands at the South river, and for other pur- 
poses therein mentioned. Passed 23 February, 1656. 
[N. T. Col. MSS. XVni. 22.] 

Preamble. Thb Hon"^ Vice Dircctor and Council admitted and 
appointed (by) the Hon'"'^ PeV Sttiyvesant on behalf 
of the General Incorporated West India Company, 
having taken into consideration that the prosperity 
of the community depends on the cultivation of the 
soil, and that it is, therefore, necessary that each one, 
for the preservation of the Lands "which have been 
granted to him, keep them inclosed, in order that 
the people may preserve undamaged, and avail them- 

conceded sclves of the labor they bestow thereon. Therefore, 

Lands un the • 

SS"tobe '"'6, for the reasons aforesaid, have Ordained and 
th5mfddie^ Ecsolvcd, as wc do hereby Ordain and Eesolve, that 

of March. •' ' 

each one shall effectually inclose his property, whether 
it be a lot or plantation, by the middle of March, on 
the penalty that each one who neglects so to do shall 

Penalty. forfeit six <5arolus guilders for the first time ; for the 
second and third time, at the discretion of the 
Hon*"" Vice Director and Council. 

Goats to be In like manner, it is Ordained that all those who 

herded. ' 

have Goats shall conjointly provide a Goatherd, so 
that said Goats do not commit any damage on the 
Lands of others; and if this be not done previous to 
the first of March, such shall have no redress in case 
their Goats are found on any Lands, and are injured 
or killed. 
No person In Hkc mauucr it is hereby Ordained and enacted 

to sail above *' 

wuh^tT''" that no person, whether Freeman or Servant, shall 
undertake to sail up the river above Fort Casimir, 
without the previous knowledge of the Hon*"* Vice 
Director, on the penalty to be prescribed thereon by 



permit. 



the Hon'"^ Vice Director and Council. 



NEW NETHERLAND. 219 

ORDINANCE 

• 

Of the Director and Council of New Netherland confirming the survey 

of the city of New Amsterdam. Passed 25 Fthruary, 1656. 

[N. T. Col. MSS. VI, 802.] 

The Survey of the streets of this City, heretofore preamwe. 
submitted to the Assembly of the Director General 
and Oouucil, accompanied with a Model or Plan, 
according to -which the Streets have been set off and 
laid out with stakes, having been, this day, again 
taken into consideration, the Director General and 
Council resolved and decided by plurality of votes, to 
confirm the aforesaid Survey for the present and I^J^^tSL- 
future time, without making any alteration therein. VmllT 
Therefore the execution thereof is referred to the 
Burgomasters of this City, and they are authorized 
hereby, first and foremost to give public notice to all J|';j^t°'^Pf; 
persons who may be damaged or injured by the said Eot/ceto 
Survey, that they shall, within a certain peremptory interested 
time to be fixed by them, the earlier the better, fur- 
nish the Burgomasters a statement showing how 1°^^},^^ 
much in their estimation, they are damaged thereby, SmukT" 
and to agree for the benefit of the City, on the lowest uon.''^°^'^ 
compensation, and in case they cannot arrange with 
parties, to refer the matter to two or three respectable 
persons conversant with the subject and not interested %^^'^^ 
in the Survey ; Avhich being done, the Burgomasters 
shall estimate, reasonably appraise the aforesaid Lots l°'!^^l9^^ 
according to the determined quota, and them distri- SStlaSn: 

^ sous readj 

bute to those ready to build thereon, but so that '" niiud, but 
those interested have the preference to build on their ^ctuai^ 
own lots themselves, according to the Survey, if their tS'^no. 
circumstances permit, and remain in the mean time J°^S^^"- 
possessors and owners of their Gardens and Lots fall- o^swe_tj"o 
ing without the line of the Streets, until payment ]^i^^^^,,^ 

be iiald nnd 



In case of 
ditrerence, 
amount of 
dumiijje to 
be (Ifcideit 
ter- 
per- 
sou^. 



er- 



'tt 



shall have been made therefor according to the Valua 

tiou and, for want of vacant Lots, necessity shall ^^^'''^^'^ 



the lots lie 
otherwise 
of. 



220 



LAWS OF 



Burgomas- 
ters 10 deter- 
mine wh.it 
Streets are 
first to be 
built oo. 



require tlie disposal of tliem to others. Ifc sliall 
remain to the Burgomasters to determine what 
Streets and Lots are first" to be built on, only that 
according to ancient usage the patents required there- 
for are applied for and obtained from the Director 
General and Council. 

Thus resumed and enacted in Our Council holden 
in Fort Amsterdam in New Netlierland. Dated as 
above. 

(Signed,) P. Stuyvesant, Mcasius de Sille, La Mon- 
tague, Cornells van Tienlwven. 



Preamble. 



IN'o Furs 
or Liquors 
to be 

embarked 
or removed, 



ORDINANCE 

Of the Director and Council of New Netherland providing for the col- 
lection of Duties on Exported Furs and Liquors. Passed 27 April, 
1G56. 

[N. T. Col. MSS. VI. 371.] 

The Director General and Council of New Nether- 
land, 

To all those who shall see these Presents, or hear 
them read. Greeting, malie known. 

Whekbas the Farmer of the Duties and Imposts 
that belong to the Supreme Government from 
exported goods which are not sent direct to Holland 
with the return ships, hath submitted to us divers 
complaints of the great frauds and smuggling which 
are committed in regard to the abovementioned 
Duties, notwithstanding our Ordinance and Edict 
formerly enacted thereupon. Therefore the Director 
General and Council do, hereby, once more notify, 
warn and order all Skippers, Boatmen, Merchants and 
Traders residing in this Country, or resorting to this 
place, that henceforth they do not embark, transport, 
carry or remove with Yachts, Boats, Carts, Wagons, or 
in any other manner, any Beavers, Otters, Bearskins 
or other Peltries, or Wines, Beer or distilled Liquors, 



NEW NETIIERLAND. 221 



unless such Peltries, Wines and Beer are first perfci- um™.') 

■*- entered 

neutly entered with the Parmer Poulus ran der Beecq JiVme"/ 
or his Collector, who shall attend in the Weighing- cJ^lxs. 
house of this City from 7 to 11 o'clock in the forenoon omce 

1 _£• /-» i rt . T -• . hours at the 

and trom 2 to 6 o'clock in the afternoon from the 15 Ztit"^' 
April to the 15 of October, and from 8 to 11 o'clock 
in the forenoon and from 2 to 5 o'clock in the after- 
noon from the 15 October to the 15 April, and receive 
from him a Permit setting forth the full quantity, by f/J^"o*a°''° 
whom shipped, or sent oflf", and to whom consigned, 
and on going beyond the jurisdiction of New Nether- 
land to pay the Duty imposed thereon, viz. : 
Of the Peltries according to the just value, 8 per cent, y"^"" 
For one tun of Holland or New ]S"etherland on Beer, 

Beer, fl 3* 

For one anker of Brandy, Spanish wine or Brandy nnn 

Liquor, 3 4 

For one anker of French or Spanish wine or ^^^3. 

thelike, 1 12 

Larger or smaller vessels in proportion ; on pain 
of forfeiting the concealed Peltries, Wines and Beer ^^^*"''- 
and double the value thereof, whether the Skipper, 
or even the owner take them with him for his owu 
use or on freight for others. 

Further, to prevent difficulty between the Skipper, 
Boatman, Merchant or Trader and the Farmer (of 
the duties), every one is hereby ordered and com- 
manded not to convey his entered Peltries, Wines Norursor 

«^ Liquors to 

and Beer from one house to another on the day when ^ Sfher*'' 
they are entered and the duties paid, but to trans- g'e'"j^^'^^^>° 
I)ort them before sundown on board or to their place swpped. 
of destination ; hereby warning not only all and 
every against loss, but also in addition commanding 
their Fiscal and other officers strictly to execute these 



® 1663. April 26. By an Order iu Council this date all homo brewed 
New Netherland Beer was declared exempt from Export Duty. N. 
Y. Col. MSS. X. pt. ii. 77. 



222 



LAWS OP 



v^hicils"'"* ^^^^^ publication and posting, duly to inspect find 
t'e.foa"^''"' cause to be inspected all departiusr and arriving 

arrival and _, _, ^ .^^ i o o 

departure, gloops, Boats, Oarts, Or Wagons, and to proceed as 
the case requires against the defrauders. 

Thus done in the Assembly of the Hon"* Director 
General and Council of Neto Netlierland holden in 
Fort Amsterdam. Date as above. 



ORDINANCE 



Fieamble, 



No goods 
exceed- 
ing ffi lbs. 
weight, to 
be weighed, 
shipped or 
removed, 
unless tiie 
weigii-fees' 
be lirst paid. 



Of the Director and Council of New Netherland directing all articles 
over Twenty-five pounds to be weighed at the Weighinghouse. 
Passed 27 April, 1G56. 

[N. T. Col. MSS. VI. 373.] 

The Director General and Council of New Neih- 
erland, 

To all those who shall see these Presents or hear 
them read. Greeting, make known. 

Whereas divers complaints have been made to 
us by the Farmer of the Weighinghouse in this 
City that he is seriously damaged in the fees to 
him accruing from all the goods subject to being 
weighed or which ought to be sold by weight, inas- 
much as many goods subject to be weighed are 
transported, shipped and removed without having 
been duly weighed* and without the weigh-fees 
having been paid; Therefore the Director General 
and Council do hereby notify, warn and order all 
Burghers, Merchants and Traders residing in this 
country or resorting to this place, that from this 
time forward no person, of what quality soever he 
may be, shall be allowed to weigh, transport, ship or 
carry away any Goods subject to be weighed, or that 
are to be sold by weight, exceeding 25 lbs. with- 
out having first paid the fees for weighing thereof, 
according to the Ordinance set up in the Weighing- 



NEW NETHERLAND. 22§ 

house, and that as often and as frequently as they ^ffa'^g^^tea 

shall be sold, transported or transferred; But in SSd! 
order to avoid the heavy charges for labor which 
may burden the Merchandise in bringing them to and 

from the Weighinghouse, the delivery may be made, ^°de»??r?d 

from ship to ship or from house to house, provided to"Sip 'i? 

•^ ^ from house 

that, before the transportation or removal be made, J,°aymeat' "" 
the Farmer of the Weighinghouse is notified and ""^^^ 
the TFeigh-fees are paid; on pain of forfeiting the Penalty. 
Wares and Merchandises or the just value thereof, 
or otherwise at the discretion of the Director General 
and Council. 

Further, in order to prevent all frauds and smug- fa°^^^°^ 
gling as much as possible, it is hereby expressly Sny'Shw 
ordered and commanded that no person shall keep ^eSiion. 
in his house, store or cellar any weight over 25 lbs., 
except with the express consent of the Farmer. 
Let everyone be warned hereby and guard himself 
against damage. 

Thus done in the Assemby of the Director General 
and Council holden in Fort Amsterdam in New 
Netherland. Dated as above. 



224 



LAWS OF 



ORDINANCE 



Preamble. 



Stamped 
Weights and 
Measures 
provided. 



All Goods 
broujiht to 
or carried 
out of the 
City to be 
weighed or 
meaiured. 



Of the Director and Council of New Netherland further regulating 

the "Weighinghouse in New Amsterdam. Passed 27 April, 1656. 

[N. T. Col. MSS. 71. 374.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who see these Presents, or hear them 
read, Greeting, make known. 

That they, in order to prevent the complaints of 
some evil minded persons that no order is observed 
in this country in regard to Weights and Measures, 
have caused to be made and constructed, at the cost 
and charges of the Hon"'^ Directors at the Chamber 
of Amsterdam, Lords and Patroons of this Province, 
a suitable Weighinghouse, and in addition to the 
stamped Weight have caused to be placed therein a 
stamped Skepel and Ell, agreeing with the size and 
length of those of the City of Amsterdam, according 
to which every other Weight, Measure and Ell within 
this Province shall be regulated, observed and put in 
practice, on the penalty and fine prescribed by former 
Statutes. 

In order the better to bring the same intft use, the 
Director General and Council have Ordained and 
Enacted, as they do hereby Ordain and Enact, that 
from this time forward, all Goods and Merchandises 
subject to measure either of the Skepel or Weight, 
which will be brought into or carried out of this City, 
shall be weighed and measured by the sworn and 
thereunto appointed Weighmaster and Measurer, be- 
fore such merchandises or goods are brought into 
this City or exported and carried elsewhere out of it, 
for which the purchasers and sellers conjointly, or 
else the purchaser or seller alone, according to the 
conditions stipulated at the purchase, shall pay aa 
the fee for weighing or measuring as follows : 



NEW NETHERLAND. 



225 



First with regard to the Weighinghouse. 



For 



AU sorts of Silk goods. 




Indigo, 


Fees for 


Spun Silk, 


IB Stivers 


Preserves, 


weighing 
and mea^ur- 


Cochineal, 


per hundred. 


Sugars, 


10 Stivers. '°^' 


Saffron, 




Spanish leather, 
AU sorts of Spices, . 
Dried Fish, 
Salted meat. 
Pork, 




Tobacco, ] 




Tallow, 




Sarsaparilla, 




Pitch, 




Sassafras, 




Sulphur, 


• 


Elephants' teeth. 




Harpuys,* 




All sorts of Dyewoods, 




Cordage, 


4 Stiven. 


Cotton aifd Cotton Yarn, 
Wool and Woolen Yam, 


5 Stivers 
per cent. 


Lead, 
Iron, 




Dried hides, 




Copper, 




Copper Kettles, 




Eaisins, 




Butter, 




Prunes, 




Cheese, 




Rice, 





And for all uneven weights above and below one And for 

parts of 

hundred pounds, there shall be paid, from one to 25 """" 
I)ounds one-fourth ; from 26 to 50 inclusive half fee ; 
from 51 to 75 lbs. three-fourths of the hundred and 
above 75 lbs. full fee. But inasmuch as a man may- 
deliver at the same time to one and the same person 
more than one quantity of the same sort of goods, 
all said quantities or weights of the one and the other 
shall be added together and payment made therefor 
according to the product of the whole, and for each 
lot or draft weighed shall be paid f of one stiver. 

And all the Goods subject to be weighed, or that ^°%^ 
are sold by weight, shall pay the weigh money as aao^eu** 
often as they are sold, transported, transhipped or 
removed. But to avoid the heavy charges for labor 
with which the goods may be burdened in carrying 
them to and bringing them from the "Weighinghouse, 

»A composition of pitch, tar and rosin, with which ships are 
smeared. — Dict. 

29 



226 



LAWS OF 



Goods may 
be removed 
from ship 
to sbjp or 
house to 
liouseon 
paying the 



Penalty. 



No lota of 
Goods to be 
delivered 
before they 
are weighed. 



Goods may 
be weighed 
in loco. 



Groods 

belonging 
to the Com- 
pany to the 
City, to the 
Beacons and 
Cbaritable 
Institutions 
exempt 
from charge 
for weigh* 
ing. 



No person to 
weigh Gooda 
over 25 lbs. 
or keep 
any higher 
weights, 
on his 
premises, 
except by 
permission. 



Office Hours 
at the 
Weigh- 
house. 



either in Cart, Sleigh or Boat, the delivery may be 
made from ship to ship or from house to house, b}^ the 
shortest and quickest way; provided that before the 
transportation or removal take place, the Weighmas- 
ter be notified thereof and the weighing-fee be paid ; 
on pain of forfeiting the Wares and Merchandise or 
the just value thereof, or otherwise at the discretion 
of the Hon^^® Director General and Council. 

Item. Wares and Merchandises sold by the lot 
or parcel, shall not be delivered before and until 
they are weighed, but the contracting parties can send 
for the Weighmaster, the scales and weights in loco, 
and have the Wares and Merchandise weighed there 
and so delivered, on paying the Weighmaster four 
guilders per day and the like sum for the use of the 
scales and weights ; but if the buyer or seller have 
his own scales or weights it will be sufficient to pay 
only the Weighmaster. 

Only the goods and Merchandises which are 
brought to, or are received at the AVeighinghouse 
and belonging to the Hon^^° Company, to this City, 
to the Board of Deacons and other Charitable Insti- 
tutions, being really and truly their property and to 
be converted to their use, shall be exempt from the 
fee for weighing; all which the Weighmaster must 
weigh gratis and for God's sake. 

Item. No person shall be at liberty to weigh in his 
house any goods exceeding 25 lbs. on pain as afore- 
said, or to keep larger Weights in his House, Store or 
Cellar, unless by express consent of the Farmer of the 
Weighinghouse, on pain of Twenty guilders, those 
who sell weights excepted. 

For the convenience of every one who wishes to 
have any goods weighed, the Farmer or his Collector 
shall be in attendance in the Weighinghouse, Sun- 
days and Feast-days excepted, from 7 to 11 o'clock 
in the forenoon, from 2 to 6 o'clock in the afternoon 



■ NEW NETHERLAND. 227 

from the 8 April to tlie 8 October ; and from 8 to 11 
o'clock in the forenoon and from 2 to 5 o'clock in 
the afternoon from the 8 October to the 8 April. 

The Weiffbmaster shall not be bound to Aveigh any uoGJooasto 
goods before, after or between the hours aforesaid, J^^Ji^r 
but be at liberty in order to record the weight &c., ^'"^' 
unless that, whenever the hour arrive to close the 
Weighinghouse, some goods lie there or are in Enrafees 

no' O for work 

the act of being weighed, and the seller or buyer or reiailf" 
both together offer to pay 12 stivers for keeping """' 
open the Weighinghouse, when the Weighmaster 
remains bound to open the place and to weigh the 
goods. 

Item. The Farmer of the Weighinghouse shall Sls^T 
take care that the Scales or Balances are kept very Swe^to 

^ •'be kept 

clean and free from dirt ; in like manner, that the "■^'^ 
Scales are regulated when brought out before they 
are used ; likewise, that such cleaning be frequently 
done to the Weighinghouse, when it is bad weather. 

The Director General and Council reserve to them- J-^^j;,™^ 
selves, with the advice and ratification of the Hon"° nc?S^. 
Directors, the Lords and Patroons of this Province, 
to alter, diminish, or to enlarge this Eegulation 
according to the circumstances of the time and the 
condition of affairs. 

Thus done in the Assembly of the Hon"'' Director 
General (sic) holden in Amsterdam in New Netherland. 
Date as above. 



228 



LAWS OF 



ORDINANCE 

Of the Director and Council of New Netherland against lodging 

Indians in New Amsterdam. Passed 29 May, 1656. 

[N. T. Col. MSS. vm. 12.] 

The Director General and Council, Tvith the advice 
of the Burgomasters and Field OflScers of the Burgh- 
S°har"o°r° ^'^ corps, hercbj notify and warn every one that from 
n"|iltwitbin now hcnceforward no person shall harbor any Indians 
during the night between this place and the Fresh 
water, under the penalty of 25 guilders to be forfeited 
by every one who hereafter may lodge a single Indian 
during the night without a ticket signed by the 
Director General or the Secretary. 

Thus done in the Council holden in Fort Amster- 
dam in New Netherland the 29 May. 1656. 



certKia 
luults, 



Penalty. 



ORDINANCE 



Hogs to b8 
yoked. 



Hogs trea- 
passing in 

COTDfitfldS, 

to be lUUed, 



Of the Vice Director and Council of Fort Casimir to prevent damages 

by Hogs. Passed 22 May, 1656. 

[N. T. Col. MBS. XVm. 23] 

All Inhabitants residing, and owning Hogs near 
Fort Casimir are hereby warned to put yokes on 
the necks of said Hogs, within 24 hours, so that they 
may not again trespass on the Hon*"'* Company's 
grain and destroy it any more ; as, if, in future, any 
Hogs be found among the grain, we shall be obliged 
to have them killed by the Soldiers. Let every one 
regulate himself accordingly. 



NEW NETHERLAND. 229 



ORDINANCE 

Of the Court of Midwout and Amesfoort, for the better securing of 
the viUage of Midwout. Passed 26 May. 165G ; Ratified 3 Jane, 
l{i5G. 

[N. T. Col. MSS. Tin. 66.] 

PuBStiANT to the Eesolution of the Sheriff and preamwa. 
Magistrates of Midivout and Amesvoort, adopted 
and enacted heretofore with the approbation of the 
Director General and Supreme Council of Neiv Neth- 
erland, dated 22 Tebruary, that the concentration of 
the dwellings and houses of this village of Midwout 
is highly necessary, and the Commonalty being con- 
voked afterwards on that subject by order of said 
Sheriff and Magistrates, it was verbally proposed 
to them that for the general good it was equally 
necessary, in order to protect and strengthen the 
Village of Midwout aforesaid, that said place and ^^^°'' 
village must be fenced in and secured in the rear by be")ln1SLi° 
palisades, and each person so do for one house lot '""les. 
and parcel of land ; which was then voluntarily 
accepted and undertaken by the Commonalty, with 
a promise to perform the same in fourteen days. 

That time being now long since past and expired, 
and observing and remarking that some, to the 
serious prejudice ot the general welfare, do not pro- 
ceed with the setting out and fencing around of 
this Village, but on the contrary are remiss and in 
default, whereby the well intended Eesolution of the 
Director General and Supreme Council is retarded 
and procrastinated. Therefore, the Court of Midivout 
and Amesvoort aforesaid, with the approbation of 
the Hon"'® Director General and Supreme Council 
aforesaid, wishing to provide herein, most expressly 
command, as they do hereby command and ordain, 
that those who, up to this time, are in default, 
do exert- all possible effort not to fail from this time 



230 



LAWS OF 



Bach of the 

Inbabltanta 

to furnistl 

and erect 

within 8 

days 

his share of 

palisades. 



Inspectors 
to be 
appointed^ 



Penalty for 
neglecting 
to erect 
palisades. 



Batlflca- 
tlon. 



forth herein, so as to prevent us far as possible all 
attacks and invasions of Indians and enemies. And 
all Tvhom these may concern are again charged 
forthwith, without any delay or postponement, in 
eight days after the posting hereof, to have ready 
and erected, each, his quota and share of palisades. 
Commissioners to be appointed for the purpose, will, 
at the appointed time, go around and inspect, in 
order to examine and carefully observe every thing, 
and whosoever will then be found to have failed in 
the performance of bis duty shall forfeit, as a flue 
and penalty, a sum of 25 guilders for each Lot, to 
be applied one-half to the Sheriff" of this place and 
the other half for the behoof of the public aflSairs 
of the village of Midtoout aforesaid. 

Thus done and enacted by the Court of Midwout 
and Amesvoort abovementioned, with previous appro- 
bation of the Director General and Supreme Council 
of New Netherland. Dated Midwout, on Long Island 
the 26 May, 1656. 

(Lower down.) 

By order of the Court of Midwout and Amesvoort 
aforesaid, with previous approbation of the said Direc- 
tor General and Council in New Netherland. 

(Signed,) Peter Tonneman herein Secretary. 

The Director General and Council commend and 
approve of the above Eesolution of the Sheriff and 
Magistrates of the village of Midwout, therefore not 
only order and command hereby that the same be 
immediately carried into effect, but also authorize 
the Sheriff and Magistrates to put the same into 
prompt execution. This 3 June, A" 1656. 



NEW NETHERLAND. 231 



ORDINANCE 

Of the Director and Council of New Netherland amending the Ordi- 
nance for the collection of Duties on Exported Liquors. Passed 7 
June, 1656. 

[N. T. Col. MSS. Vm. 20 ; XVI. 75.] 

The Director General and Oonncil of New Nether- Preambio. 
land hereby make known, that on the Eemonstrance 
and petition as well of the Dutch as of the English 
merchants resorting to this place, in regard to the 
Duties imposed on exported Wines, Beer, distilled f^°^J,™te" 
Wiues and Liquors, they have modified and mitiga- toie"^a 
ted one-third part in form as follows : In order not to 
annul the lease and not to prejudice the Farmer, the 
seller has to pay the Farmer one-third; the pur- one-thirdby 

•^ "^ ' ir t^g Vendor, 

chaser one-third and the remaining third shall avail bvthepi- 
the Farmer as an offset with the Eeceiver of the s''«^'^''•^"'o 

be allowed 

Director General and Council, so that the buyer and "ffe"*^"' 
seller each individually has to pay the Farmer only, 

On one tun of Beer, fl. 1 i'"""- 

On one anker of Brandy, Spanish Wine or 

Liquor,.. 1 1 

On one anker of French or Ebenish wine, 11 

Larger or smaller vessels in proportion. 

Thus done in the Assembly of the Director Gene- 
ral and Council holden in Fort Amsterdam, in New 
Netherland the 7 June, A° 1G56. 



««« 



232 



LAWS OF 



Preamble, 



ordina:n"ce 

Of the Director and Council of New Netherland for the payment of 
Tenths. Posset? 27 June, 165G. 
[N. T. Col. MSS. Vni. 34 ; XVI. 76.] 

The Director General and Council of Neiv Nether- 
land do, hereby, make known : That they have been 
frequently ordered and instructed by the Lords 
Patroons to collect the Tenths which both the Colon- 
ies and private Bouweries, according to their obtained 
Patents and Grants, are owing, and some have been 
owing for many years ; Therefore the Director Gene- 
ral and Council hereby warn every one, to wit, such 
as by Patent or Deed are liable for Tenths, that he do 
?S?ov°d*''* ^^^ proceed to remove his cultivated crops, whether 
Grain, Maize or Tobacco before he has amicably 
agreed with the Director General and Council respect- 
ing them for the first and next year, or shown his 
crops to the Director General and Council, or their 
Commissioners, in order to select the Tenths from 
them agreeably to the Order and custom of our 
Fatherland ; under a penalty of Fifty guilders, over 
and above the just value of the Tenths, according to 
the valuation of impartial persons, to be paid by such 
as "will be found to have acted contrary hereunto. 

Thus done in Fort Amsterdam in New Netlierland, 
the 27 June, A." 1656. 

Note. — The object to which those Tenths were applied is explained 
in the dispatch of the Directors to Stuyvesant and the Council dated 
19 December, 1656: 

" We are right willing to believe that the collection of the Tenths 
is, as yet, of small importance, and the cause of much trouble. Yet 
it must not on that account be neglected, but introduced, as hereto- 
fore frequently remarked, in the most discreet and pmdent manner. 
For, although the amount wiU not be sufficient to pay each Town's 
charges, such as the support of a Minister, Schoolmaster, &c., never- 
theless the said Tenths must bo collected and distributed on behalf of 
the Company among such official persons, the Inhabitants of the 
Town still remaining bound to supply the deficit by other subsidies 
and taxes. N. Y. Col. MSS. XII. 45. See further the Ordinance for 
the Better government of the Town of Flushing, infra, P.JmBtb. 

lis 



Before the 

proprietor 
oomnouDda 
ft>rthe 
Tentha. 



FenAlty. 



Bevenae 
ftom the 
Tenths 
bow to be 

cppliofL 



NEW NETHERLAND. 233 



ORDINANCE 

Of the Director and Council of New Netherland proriding for the 
clearance of Vessels, and for the entry of Goods subject to Export 
Duties. Passed 27 June, 1C5G. • 

[N. T. Col. MSS. Vni. 34 ; XVI. 77] 

Whereas tlie Director General and Council of Preamble. 
Neiv Netherland are credibly informed both by a re- 
monstrance of the Farmer (of the duties) and by 
information of others, that now and then Ves- 
sels depart from here, without asking or receiving 
from the Fiscal a proper pass, as is the custom, and 
without duly entering their exported goods, such as 
Wines, Beer and Peltries, which are subject to duty, 
whereby first the Farmer and consequently the public 
Eevenue are considerably defrauded, the Director 
General and Council aforesaid wishing to provide 
herein agreeably to the Order and custom of our 
Fatherland, do, hereby, interdict and forbid from this 
time forward, any Ships, Yachts, Barks, Ketches or vessels not 

' J £■ J J I to .sail from 

any other vessels, of what nation soever they may SwuS 
be, which cast anchor before, or near this City, again ^'"^^' 
to lift the same or to sail hence elsewhere, to any 
place whatsoever, whether beyond or within this 
government, without having asked and obtained a 
proper pass from the Fiscal ; under a penalty of 50 penalty. 
pounds Flemish. 

In like manner, the Director General and Council 
also most expressly forbid any person to embark any rnreana 
Peltries, Wines or Beer which are subject to impost b°a?d''ve?-'' 
or datv, before and until they are "duly entered, and cntered''ana 

•^ ■' the duty be 

the proper Duty and Impost money therefor paid, on p*''^- 
pain of forfeiting the smuggled goods and three penalty. 
times the value thereof, to be applied as is proper; 
hereby not only authorizing but also commanding 
our Fiscal, before he grant a pass to any Barks or 
Ships, carefully to inspect the same. 

30 



234 LAWS OP 

Thus done, resolved, resumed and published in 
the Assembly of the Director General and Council, 
holdeu in New Netherland the 27 June, 1656. 



ORDINANCE 

Of the Director and Council of New Netherland renewing the 
Ordinances for the formation of Villages, and against admitting 
armed Indians into Cities, Villages and Houses. Passed 1 July, 
1656. 

[N. T. Col. MSS. Vm. 56.] 

The Director General and Council of New Nether- 
land do hereby make known to all persons. 

prenmbie. That they have been informed by some Indians 
that 2, 3 or four Indians of Tappaen were brood- 
ing some mischief, and had given out that they 
intended to kill one or more Christians on the 
Flatland ; And Whereas the Director General and 
Council cannot ascertain where or against whom the 
blow is leveled, much less that it is a general plot 
of the Tribe, the rather since the warning has been 
given by the Tappaen Nation and other Indians, the 
Director General and Council with the assistance 
' of the Burgomasters of this City cannot, for the 
present, apply any other order or remedy against 
it than hereby to renew their previous Ordinances 

People m and Edicts, to wife: that the separate Country 

the Country ^ •' 

thfiiSiV^t" people have to concentrate themselves in the nearest 
viuage.an yjjjg^ggg j^q^ Hamlets, aud to settle there, on the 
fine formerly affixed thereupon ; and in the mean- 
while, to warn eVery one to be on his guard, and 
Not to go not to go into the Woods or on the Eoads except 

out unless ^ '^ 

armed. armcd, and at least 2, 3 or 4 men together, in order 
to be able to oppose such Bushwhackers. 

Further, in order to prevent such dangers of 
isolated murders and assassinations, the Director 
General and Council, with the advice of the Burgo- 



NEW NETHERLAND. 235 

masters of this city, cannot for the present devise 
any better or other expedient than already stated, 
and besides that, to interdict and forbid the admis- 
sion of any Indians Avith a gun or other weapon, J^°jf™«* 
either in this City or in the Flatland, into the fif"'"""* 
Villages and Hamlets, or into any Houses or any 
Ijlaces, on pain of forfeiting such arms, -which may J^^ifa"J^n^° 
and also shall be taken from them, on the complaint Lrmei.'"" 
of the Inhabitants, by the Sheriffs, Marshals, or, in 
their absence, by one of the Magistrates, to wit : 14 
days after the publication and posting hereof, or 
after notice and communication of this interdict 

have been given to the Indians, which the Director ijoticeof 
'^ this pro- 

General and Council hereby order to be conimu- bl''com-"' 

nicated to the Indians by some of their subiects ""-fi" 
acquainted with^the Indian language, and tho,t in the 
most civil and properest manner, it being intended 
and meant by the Director General and Council, 
with the advice of the Burgomasters aforesaid, only 
to prevent all diflficulties between the Christians and 
Indians. 

Thus done in the Council holden in Fort Amster- 
dam the 1 July, A" 1656. 



23G 



LAWS OF 



ORDINANCE 



Preamble. 



Former 

Laws 

affai nst 

Contraband 

Trade 

renewed 

and 



Amplified. 



No person 
to import 
any Knap- 
hance. or 
Gunbarrels, 
except one 
Carbine, 



Of the Director and Council of New Netherland renewing and amend- 
ing the Ordinance against importing articles of Contraband. Passed 
11 August, 1656. 

[N. T. Col. MSS. Vm. 135 ; XVI. 78.] 

Whekbas the Director General and Council of 
Netv Netherland are to their regret informed and told 
of the censure and blame under which they are lying 
among Inhabitants and Neighbors on account of 
the non-execution of their previously enacted and 
frequently renewed Edicts against the importation of 
articles of Contraband and the sale thereof as well to 
Christians as Indians, some not only presuming that 
the Director General and Council gonnive with the 
violators, but even publicly declaring that the Direc- 
tor General and Council aforesaid have made free the 
importation and trade in Contraband which, for that 
reason, is carried on with uncommon licentiousness 
and freedom. This hath moved, and again moves 
the Director General and Council to revive and 
renew the previously enacted Edicts against the 
importation and sale either to Christians or itfatives 
of any kind of Munitions of War ; which aforesaid 
Edicts, in order to prevent all ignorance and excep- 
tion in the premises, they do hereby revive and renew, 
thereunto adding the following amplification, and 
have resolved, enacted and ratified, with the previous 
knowledge and approbation of the Directors of the 
Incorporated West India Company, 

That henceforth no person, of what nation or 
quality soever he may be, shall be at liberty to bring 
into the Country for his own or ship's use any sort of 
Snaphance or Gunbarrels, finished or unfinished, not 
even on the Company's permit, save only, according 
to order, one Carbine, being a firelock of three to three 



NEW NETHERLAND. 237 

and a half feet barrel and no longer; on the penalty 
as before. 

Further, ■whereas dally experience proves that, not- Munitions 
withstanding the general prohibition, considerable \fj'^^^ 
munition of war is imported not only from Father- fSS' 

and A'ew 

laud, by the arriving return ships, but also from other -s^*"""'^- 
places and especially from Virginia and Neiv England, 
which cannot well be properly remedied unless these • 
vessels as well as the Netherlands ships and barks 
are closely inspected and visited : And (Whereas) the 
Frauds and Smuggling which they carry on cannot, 
according to the general complaint, be more rigor- 
ously remedied and prevented so long as such Ships 
and Barks do not load and unload in accordance with 
the Regulation and Order heretofore enacted on that 
subject, the Director General and Council do hereby 
resume, renew and enlarge said Regulation as follows : 



All private Ships, Yachts, Barks, Ketches, Sloops ah vessels 
and Boats, whether of Netherlanders, English, French, 
Swedes or any other Nation, desiring to anchor about 
the Island of Manhattan and this City, shall not seek 
or select any other roadstead than in front of intfe 

•^ East river 

this city of Amsterdam, on the JEast river between ptMand""* 
the Pier and the Oitv gate, and on the North river in jp* ,'"'»'« 

»■ " ' North river 

front of and near the Beavers' path, and at no other thlBeavera- 
place, on pain of paying 25 guilders for the first time ; 
50 guilders for the second time, to be forfeited after penalty. 
they have been warned. 

2. 

All Ships, Yachts, Barks, Ketches, Sloops and invoices of; 

*■ ■*■ Goods to be 

other craft, as aforesaid, being thus anchored before and"l*sei3 
this city, and at no other place, shall, before dis- inspected 

•' ' X- > I before 

charging and loading any Goods or Merchandise, be dtSlrging' 
obliged to give in an account or invoice of their cargo "''^°' 
to the Director General or his Deputy, the Fiscal, 



238 



LAWS OF 



Goods not 
on the 
Invoice to 
be seized, 
and live 
times their 
value for- 
feited. 



Goods to be 
loaded or 
discharged 
within the 
City's lim- 
its, during 
Suosliine. 



Feoillty. 



and submit to his visit both on their arrival and 
departure, and if he find any more Goods than 
appear on the rendered Inventory, Bill or Invoice, 
such goods shall, in legal form, be libelled as subject 
to confiscation by the Fiscal, as prosecutor and 
guardian of the Laws, and five times the value of 
the imported smuggled Contraband shall be exacted 
in addition on pain of arbitrary correction according 
to the printed Placard. 

3. 

The receipt or delivery of all Goods and Merchan- 
dises which are delivered on shore or received on 
board shall be made and take place, without any 
exception of persons, or fraud, within the limits of 
this City and in no ways beyond the same, and that 
during sunshine, on the penalty, for the first offense, 
of the fourth part of the overtaken goods, and .the 
forfeiture in addition, for the second offense, of the 
Scow, Boat or Vessel wherewith they are discharged. 



No Passen- 
gers to be 
received on 
board and 
carried 
away with- 
out a lass. 



Penalty. 



Fiscal to 
seize Goods 
imported in 
violation of 
this Law. 



'No Skippers or any persons sailing with Ships, 
Yachts, Barks, Ketches, Sloops, or Vessels, shall take 
with them or carry away any of the Company's 
Servants, any Freemen or Inhabitants of Neiv Neth- 
erland, of what nation or quality soever they may be, 
without the consent or handwriting of the Director 
General or his deputy, on the penalty of Six hundred 
guilders for each person. 

And in order that no person may pretend ignorance 
hereof, the Director General and Council order and 
command that this Ordinance shall immediately be 
promulgated, proclaimed, published and posted where 
such promulgation, proclamation, publication and 
posting are usually done. They further charge and 
command the Fiscal and all other officers to prevent 
and arrest the importation and sale of the aforesaid 



NEW NETHERLAND. 239 

goods and to levy executioo on the same, in con- 
formity to this our Ordinance, proceeding against 
and i)rosecuting the Contraveners and Violators 
thereof without partiality, connivance, favor, dissim- 
ulation or fraud, for such we have found to be for 
the service of the Country and the Inhabitants 
thereof. 

Thus done in the Council holden in Fort Amster- 
dam in New Netherland, the 11 August, A" 1656. 



CONDITIONS 

Offered by the City of Amsterdam to those who may be sent aa 
Colonists to the South River of New Netherland. Passed 12 
August, 1656. 

[Boyal Archives at the Hague.] 

1 

The Colonists should go thither in suitable ships ^Ja^aSinos 
with their families, requisite household furniture and ^tlrVS-^ 

to apply for 

additional necessaries ; for which purpose license p*™"- 
shall be applied for and obtained from the Amster- 
dam Chamber of the West India Company. 

2. 
The City of Amsterdam may make the best agree- S'S'dam 
ment it can with the skippers for the transportation tiie^fpls-'"' 

sage, and 

of both people and goods. 

3. 

Said City is to advance the passage money, on con- ''^^f™'"=° 
dition that it be hereafter repaid to the City in man- """"^y- 
ner hereinafter mentioned. 

4. 

To the end that the said Colonists may gain their ^S^™d"fJ^' 
livelihood there safely, honestly and prosperously, '^'"°"'^'^= 
the City aforesaid doth beforehand guarantee as 
follows : 



240 LAWS OF 

5. 

Amsu^dam Mrst. Said City will provide and assign a fruitful 

provide soil in a healthy and temperate climate, "watered by 

crmSe* 3-"^ situated upon a fresh water river which can be 

mfyroJS- uavigatcd by large ships; for which purpose an 

agreement shall be previously made with the West 

India Company for a place at its disposal and to 

which no other persons have any claim. 

6. 
^ti?y a^°^ Here the City will lay out a proper piece of land 
?raiden°oe'Sf ou a rfver side for a safe habitation and residence of 

Colonists, 

Pntoitriets',' the Coloulsts, and fortify it with a ditch without and 

*"■■ a wall within; and divide the inclosed land into 

streets, a market, and lots suitable for the use as well 

of traders and mechanics as of farmers ; and all this 

at the expense of the City. 

7. 
IcSJilmaa- "^^^ ^^''^ ^^ Amsterdam will send thither a proper 
person for Schoolmaster, who shall also read the 
Holy Scriptures and set the Psalms. 



Pay Ms. The City of Amsterdam shall provisionally and until 

further opportunity, provide the salary of said School- 
master. 

9. 

Furnish the And to the end that the Colonists going thither 

Colonists ° " 

wiVnlc'S-'' may be provided with all proper necessaries, as far 
eted^rain as posslblc, the Citv of Amsterdam will furnish them 

build a store Jr ' »J 

Buppiitf " for one year with clothing and all sorts of seed grain , 



ter, and 



^sions'and and, moreovcr, will build, in the place aforesaid, a 

clottamg. 7 > 7 r- > 

large magazine or warehouse, wherein it will keep 
all sorts of articles, both for clothing and the sub- 
sistance of the people, and supply them with all sorts 
of seed grain ; it will, likewise, keep a factor there, 
who shall furnish every thing necessary for clothing, 
housekeeping and farming, and sell these at the same 



NEW NETHERLAND. 241 

prices tliey are sold here, the Company's customs 
excepted. 

10. 
Ooncerning the Company's custom, the City will Dutitstoba 
agree therefor as favorably as possible and especially ^oF^''^ 
that the duty to be paid in New Netherland, shall be 
employed in building and maintaining public works 
by those thereunto to be authorized by the West 
India Company and the City. 

11.' 
The said fortified place alloted for the residence of Laws of 

'- Anuterdam^ 

the Colonists, whether called a city or town, shall be ^l-ega"/ 
regulated in matters of Police and the administra- be m force. 
tion of justice in the same manner as here in Amster- 
dam, whereof the practice and custom, particularly 
in regard to descents, shall be adhered to. 

12. 
They shall first have one Schout or ofiScer as the ?Jg^^ 
head of Justice, instructed as is the custom here. sohom, 



The Schout shall be appointed in the name of their to be 

appointed 

High Mightinesses and the "West India Company, by l^^^^? 
the Deputies of Amsterdam, who, for this purpose *""• 
shall give authority to the Director by a power of 
attorney. 

14. 
They shall, moreover, have three Burgomasters, Three Bnr- 
who shall be appointed by the common Burghers, 
from the honestest, fittest and richest. 

15. 
And five or seven Schepens, to which end the body f^'^i°i^y^^ 
of the Burghers shall nominate a double number, in pem.and 
order that the Director, by power of attorney, as 
mentioned in Article 13, may make an election from 
them. 

31 



242 



LAWS OF 



A Common 

Council 



"Which shall 
fill vacan- 
cies in its 
Board, and 
thenceforth 
choose the 
Surgomas- 
ters and 
nominate 
the ache- 
pens. 



Jurisdiction 
of the Court 
of Schepens, 
in Civil and 



City of 
Amsterdam 
to furniah 
a smith, 
wheel- 
rlgbt and 
carpenter 
and 



Divide the 
land into 
farms. 



each 

Colonist to 
have as 
much land 



16. 
On the increase of the city or town to two hundred 
families or upwards, these shall choose a Common 
Council of XXI persons, who shall meet with the 
Burgomasters, and resolve together on all matters 
relating to the City government ; but this Common 
Council, once instituted, shall thereafter have power, 
in case of the death of one or more of its members, 
to fill vacancies by a new election, unanimously, or 
by plurality of votes ; in»like manner, the said Com- 
mon Council shall annually choose the Burgomasters 
in manner as aforesaid, and also have the nomination 
of a double number out of which the Scheppns shall 
be chosen in manner as already mentioned. 

17. 
The Schepens shall give judgments for all sums 
under one hundred guilders ; but in cases exceeding 
one hundred guilders, the party aggrieved shall be 
allowed an appeal to the Director General and Coun- 
cil of New Netherland. 

18. 
Said Schepens shall also pronounce sentence in all 
criminal cases, but an appeal therefrom shall be pro- 
visionally allowed. 

19. 
The City of Amsterdam will agree with a smith, a 
wheelwright and a carpenter to go and live there for 
the convenience and service of the Colonists. 

20. 

The City of Amsterdam aforesaid, will divide all 

the lands round about said town or city, into suitable 

flelds-for plough land, pasture and meadow land, laid 

out on proper roads for going to and coming from 

them. 

21. 
Every person who will follow farming shall have in 
free, fast and durable property, as many morgens, as 



NEW NETHERLAND. 243 

well of plougli land as of pasture and meadow, as asheisawe 

he and his family will be able to improve, and will "^^^f '^°° 
require for grazing, be it 20 @ 30 or more morgens ; 
provided all such lands which will be given and con- 
veyed in fee to each of the Colonists, shall by them 

in two years from the conveyance, be brought under Penalty for 

,,. . T /. non-usage. 

cultivation, on penalty of the same being taken from 
them and given to others. 

22. 



Each of the Colonists shall settle and use his land Se"?™^ 

oundage, 
orn money 
and salt tax 



freely, without paying poundage, horn money or salt E 
money, for ten years, reckoning from the year in ["^dftoS"' 
which the land is first sown or pastured ; which ten 
years being expired, they shall not be taxed higher 
than those who are taxed lowest in any other district 
under the government of the Directors of the West 
ladia Company, in Neiv NetlierJand. They shall, 
also, be exempt from Tenths for the term of twenty Tenths for 

'' 20 years. 

years, reckonmg from the year in which the lands 
will be first sown ; and on the expiration of said 20 
years, the tenths shall then be paid to the City of 

. . , , 1 , Howthe 

Amsterdam ; with the understanding always, that fhexlSte 
half of these tenths shall be expended for the sup- Slended. 
port of the public works and of the persons employed 
in the public service there. In like manner, also, 
whenever any poundage or other taxes shall be paid, 
the money shall be employed in constructing public Taxestobs 
works and keeping them in repair, and in defraying wo?taand 
the salaries of persons in service in that country. BS£?fi"° 

23. 
The City of Amsterdam shall make arrangements ships to be 
that ships shall be continually and cotfsecutively sent ft'thl'"'"* 
from Holland to load and bring over grain, seed, p^odS. 
timber, and all other produce most profitable to the 
Colonists, who shall, in like manner, be at liberty to 
charter private vessels, provided they be consigned 
to the City of Amsterdam. 



and 



244 



LAWS OF 



Stores to be 
supplied in 
Amsterdam 
for rpnep- 
tiOD thereof. 



Commission 
for the sale 
of such pro- 
duce. 



Tenth of 
the net pro- 
ceeds of^ 
sales to 
liquidate 
advatic^ to 
Colonista. 



Colonlsta to 
be supplied 
with Goods 
at a fixed 
price, aud 



To cut and 
take what- 
ever timber 
they require 
for builaing 
purposes 
ti-ee of 
charge. 



Secretary 
and inferior 
officers, by 
whom to be 
appointed. 



Free Hant- 
lug and 
Fishing 
allowed. 



24. 
Wherefore, the City of Amsterdam shall have 
proper storehouses here for the storage of the grain 
and other property of the Colonists, to be sold for 
the benefit of the same, and shall return the pro- 
ceeds thereof in such articles as the owners shall 
direct, deducting only two per cent for commission, 
and one-tenth of the net proceeds in payment of the 
disbursements made by the said City for the freight 
and passage of the persons and goods of the Colo- 
nists; and that until the aforesaid disbursements 
are refunded and no longer. 

The Colonists in New Neilierland shall be at liberty 
to take out of the City's warehouse whatever they 
may require, at the fixed price, provided the account 
thereof be transmitted with the Colonist's goods, in 
order to be deducted therefrom. 

26. 

The Colonists may, for building houses and vessels 
and carrying on trade, cut as much timber as they 
think fit, without paying any thing therefor, not only 
in the nearest and most convenient forests, but also 
in any other places situate in the district, and under 
the jurisdiction of the Company in New NetJierland, 
and not already granted to and owned by any private 
person, provided they submit to the regulation in 
that behalf made, or hereafter to be made, as in 
Article 28. 

27. 

The Burgomasters of Amsterdam, as founders and 
Patroons and as possessors of the jurisdiction, shall 
appoint the secretary, messenger, and other inferior 
oflBcers. 

28. 

Hunting in the woods and fishing in all the waters 
and rivers, not heretofore owned by other persons, 



NEW NETHERLAND. 245 

shall be free to each of the Colonists under certain 
regulations to be made respecting them, by authority 
of the Company or their High Mightinesses. 

29. 
The City of Amsterdam shall provide for the trans- j[°Sifg * 
portation. of all tools and farming implements, free w biron"*^ 

o i veyed free 

and without paying any duty. of charge. 

30. 
And in regard to articles which are sent as mer- fb"eto?hr 
chandise, they shall pay to the Directors of the West tompinyl" 
India Company, as duty, according to the specifica- 
tion in the subjoined 

Table. 



(Convoy, 8 Stivers each with 

}^ advance, 1 „„„„. 

Duty, @ 12 per cent 12. chamUae. 



For 100 guilders DafTelsZK pieces,...^ "^advance, fl. 1.6.8 on Mer- 



In N'ew Nefherland 4 per cent fl.4 light money, to wit : the rlx 13. 6 8 
dollar @ 63 stivers, =^=;^= 

("Convoy as above, with ad- 

For 100 guilders Blankets 28, -j vance, fl. 1.17. 

(.Duty @ 12 per cent 12. 

13.17. 

N. B. The Duffels and blankets aforesaid, pay in addition to 
the convoy, a duty of 12 per cent to the said Company, Chamber 
at A.mslerdam. All the following goods 6 per cent, but with a 
heavier rate of convoy. 



I Shirts, stockings, shoes, I Convoy 4 stivers per pound 
pedlers' wares, hat.s, Nu- flemish, and J^ advance, ] 
renburg wares and goods ^Duty there, i per cent; here, 
not included in the con- 6 per cent 
voy list. J 



i. 8.S 
6. 



f Woolen cloths, says, ser- T 
For 100 J ges and other silk, wool- ( Convoy with the advance, ... 1.10. 
guilders, I en or worsted stufis, (Duty there 4 per cent; here 6. 
(.linen cloths. J 



7.10. 



For 100 i nn nnri ^tianl<!h wine I Convoy about 2.15. 

!Uilders, \ "" *""* bpanish wine, j- j^^jy ^ ^^^ g g 



8.15. 



For 100 guilders. Vinegar 6 hogs- f Convoy with the advance, ... 
heads, (.Duty 4 and 6 per cent 



14. 

For 103 guilders, French wine 4 j Convoy with the advance,'... 1.13. 
hogsheads, .n'. ( Duty 4 and 6 per cent, 6. 



246 LAWS OP 

For 100 guilders, Brandy, 1 hogs- f Convoy, etc., 1. 

head, iDuty there 4 per cent; here 6 



7.13. 

For 100 guilders, distilled waters, 12f Convoy as above, 3. 6.8 

anchors (.Duty 4 and 6 per cent 6. 

9. G.8 



For 100 guUders, Nails 900 lbs { %°^Jf^^a ^F^l'. 



3.12. 



9.12. 

2. 
groceries, .....t 1 Duty i, and here'. 6. 



For 100 guilders, Elce, Spices and J Convoy as above, about, 2. 8. 

.■j Duty 4, 



8. 8.8 



For 100 guilders. Hops, 300 pounds f Convoy with the advance, ... 7.4. 
weight IDuty there 4, here 6. 



13. 4. 



iTF^rSw^ All materials and necessaries for farming and the 
??aii^°'°'^' exercise of trade and handicraft are free of duty. 
S^^""" -^11 products of New Neilierland imported hither 
and'drM** are free of duty. Item. All kinds of salted or dried 

fish, exempt 

framuuiy. flg]j^ caught thcrc. 

peitrira. Peltry such as beavers, otters, &c., pay eight per 

cent. 

Amplification of the aforesaid Conditions. 
pidoSs^' -^'^y of the Colonists who by himself or his family 
e.wmpt*°" or any person in his service, shall discover any 

from Rov- ,, 

yearl?after Minerals, crystals, precious stones, marbles, etc., or 

^"'"^ "whatever nature they may be, may possess and keep 

them as his own, without paying any impost or duty 

for them, for the term of ten j'ears ; but after the 

To pay one- expiratiou thereof, he shall be held to pay the Oom- 

tenth of the ^ *^ ■' 

proceeds, pany one-tenth part of the proceeds. 

The following was exhibited with the 2 drafts of 

Conditions, and refers to Article 9. 

City of The City of Amsterdam shall cause a convenient 

waSSo "warehouse to be prepared wherein shall be deposited 

inspec'tion all the STOods the said City intends to send to its 

and mark- " *^ 

^^%°J^°°^ Colonie in Neiv Netherland, where they may be 
ftecotomel" inspected, in the presence of a person appointed for 
that purpose by the City of Amsterdam, by anyone 



and 



NEW 'NETHERLAND. 247 

autliorized by the Directors of the West India Com- 
pany, and marked with the marks of the City and 
Company, the duty thereon being paid to the Com- 
pany according to the list hereof to b© made and 
agreed on. 
Which goods may then be laden with the Com- Mnyship 

*-' "^ Goods in 

pany's knowledge, in any vessel or vessels the said ^''y^^®' 
City will be able to obtain. 



If the City of Amsterdam shall ship any goods or ^ew^Mher- 

freight in any vessel going to New Netlierland, it shall '"'^' 
submit to the same regulations as others. 

But if the City of Amsterdam shall send away its Jji'/oooas 

own, or any chartered ship, laden onlv with its own ShaSert 

*' on its own 

goods, it shall send that ship or ships direct to its mSstT'o- 

ceed direct 



must I 

own City, town or Colonic, provided that all the S^itsm™'' 

•' ••■ Colonie, 

goods put on board be opened in the City's ware- fnspect^^y 

1 , 1 . , 1 n 11 one of the 

house there m the presence of some persons belong- company's 

■^ r » officers. 

ing to the Company appointed for that purpose, to 
whom also the letters and commission from the Com- 
pany shall be delivered. 
In like manner all wares, produce or merchandise ooodsand 

produce 

imported from the City's Colonie must be brought f"S?th* 
whole into the City here and opened in the City's Se^tob?'"' 

•> r J inspected 

warehouse in the presence of a person appointed for coiSfpanrs 
that purpose by the Company, and the duties due tbenuu^ 
to the Country and the Company must be paid ^""^ 
thereon. 

Note. — The above Conditions were ratified by the States General Conditions 

ratined. 
on the 16 August, 165G, "saving and without prejudice to the right, 

jurisdiction and possession of the Colonies heretofore given out in 

the aforesaid Countries and of the property purchased in said District ; 

with this understanding also, that whensoever there shall be in that 

place Two hundred families, or thereabouts, a Preacher and Consis- Provision 
^ ' ^ for a clergy- 

tory shall be* installed there without any expense to the Company, man. 

And all this saving, also, the division of the districts which may be 

made among the respective Chambers." N. Y. Col. Doc. I. 637. 

1658, Dec. 20 ; 1659, March 10. The Conditions were subsequently 
modified as follows : 

As Art. 9, imposed entirely too great a burthen On the City of conditions 
Amsterdam, it was expunged, and it was ordered that the provisiona """^^d. 



248 



LAWS OF 



Preamble. 



Anchorage 
ground ia 
the port of 
New Amster- 
dam. 



AU Vessels 
to load aDd 
unload at 
the pre- 
scribed 
roadstead, 
between the 
City gates 
uud walls. 



ORDINANCE 

Of the Director General and Council of New Netherland explaining 
the Ordinance of the 11 August 1656, so far as regards the Anchorage 
ground in the port of New Amsterdam. Passed 24 Augvst^ 1656. 
[N. T. Col. MSS. VIII. 151.] 

The Director General and Council of New Netlier- 
land being informed of some obscurity or diflSculty in 
their last published Ordinance or Edict, in the point 
respecting the anchoring near this City of New 
Amsterdam, do declare, in order to prevent all misun- 
derstanding, that the meaning thereof is not, that no 
Ships, Barks, Sloops, Ketches or Yachts should come 
to an anchor in the North river or Uast river, in front 
of this City, except at the ordained places, tide, 
weather and time permitting or not permitting, but 
that all Barks, Yachts, &c., before they discharge any 
Goods or Merchandises on shore, or take any on 
board in such Ship, Ketch, Bark, Sloop or Yacht, 
they shall come therewith to the ordinary and cus- 



remainlng in the public Store be distributed only to those who have 
removed thither heretofore, which being done, what remained was to 
be disposed of to the best advantage. 

Art. 22. The exemption from Tenths was to expire with the year 
1678, without any exception, save those who brought their lands 
under cultivation before 1658, in whose favor the privilege should not 
continue longer than 20 years, and consequently expire as much 
sooner than the year 1678 as they shall have cleared their lands, 
before the year 1658. The exemption from Poundage, Horn and 
Salt money was to cease in 1668, when local taxes were to be imposed 
according to the situation of the lands. 

Arts. 23, 24. The Colonists who will have paid to this City their 
board and passage money, and discharged their other debts, shall be 
at liberty to bring into such harbors and kingdoms as they consider 
shaU be for their greatest advantage, their wares, products or mer- 
chandise raised in the Colonic, except Beavers and other Peltries; 
also, all other W^ares and Goods, under whatever name, which they 
shall destine for Netherland, the JSast or the North, to this City, 
to pay the public and Company's duty thereon, and generally to 
conduct themselves precisely agreeably to the regulation granted by 
the Company to the Inhabitants of New Netherland. N. Y. Col. Doc. 
II. 57, 60, 175. Tr. 



NEW NETHERLAND. 249 

tomary roadstead, in front of the City, between its 
gates and walls, on the penalty of 25 guilders for the Penalty. 
first offense and 50 guilders for second offense. 

Thus done in Our Council holden in Fort Amster- 
dam, in New Netlierland, the 24 August, 1656. 



ORDINANCE 

Of the Director General and Council of New Netherland regulating 
the Fees payable at the Custom-house and Public Store, New 
Amsterdam. Passed 6 Septemler, 165C. 

[N. T. Col. MSS. Vni. 163 ; XVI. 82.] 

Wheeeas the Director General and Council oiNew Preamwo 
Netlierland are credibly informed, and told of general 
complaints respecting certain exactions affecting 
Commerce, which have been perpetrated hitherto, 
without their knowledgo, in the matter of dispatch- 
ing of Goods, and Laborers' wages, against which 
being desirous to provide, pursuant to the Order and 
instructions of the Hon"'*' Directors ;* Therefore the 
Director General and Council aforesaid do hereby Fee for a 

Bin of 

Ordain that there shall henceforth be paid for a Bill Laiiis- 

of Lading 

Of one to six hogsheads of Tobacco, 12 stivers. 

Of 7 to 12 hogsheads, 18 stivers. 

Of 13 to 24 hogsheads, . 24 stivers. 

Of 25 to as many as shall be shipped, ... 50 stivers. 

Of one to one hundred Beavers, 12 stivers. 

Of 100 to 200 Beavers, 18 stivers. 

Of 200 to as many as are shipped in one 
case, 30 stivers. 

Of one or more cases shipped by one mer- 
chant, 50 stivers. 

For a fee for one passport to Fatherland, 

either for one family or an individual, 20 stivers. 

And for the Church, 40 stivers. 

«- Dated 14 June, 1656. iV. Y. Col. MSS. XII. 39. 
32 



250 



Skippers 
lo deliver 
Goods on 
the i'ier or 
shore at 
high water 
murk, 
near the 
Company's 
store. 



Fees of 
government 
Porters 
lor carry- 
ing Goods 
to the Com- 
pany'sstore. 



Merchants 
may agree 
with the 
Porters, or 



Employ ' 
their own 
men to 
remove 
their Kooda 
from the 
Public storo. 



LAWS OF 

In regard to the wages of the Porters, for goods and 
merchandise to be brought from the ships into the 
Company's store, the Director General and Council 
aforesaid do Ordain that the Sliippers shall hence- 
forth be bound to deliver the goods and merchandise 
on the Pier or shore, at high water marls:, in front of 
or near the Company's store, whence the sworn Por- 
ters shall bring them into the Company's store and 
receive for pay, 

For one pipe of Wine, 6 stivers. 

For one hogshead, - 5 stivers. 

For one aume of Wine or tun of Beer, 4 stivers. 

For one- half aume,:.... 3 stivers. 

For one anker, 2 stivers. 

For one case of Duflels, or any other of 

that size, 8 stivers. 

For an Eastern chest or largo trunk, 8 stivers. 

For a case of axes, cask of nails or kettles, 5 stivers. 

Other and smaller packages in proportion, at the 
discretion of the Fiscal or the persoii who, in his 
place, shall as Commissary have charge of the Public 
store. 

The Goods and Merchandise being delivered into 
the Store at the above rates, the Merchants may, 
according to the ferriage and distance of the places 
to which the goods must be conveyed, agree with the 
Porters on the best terms they can, and in case of 
unreasonableness, according to the decision of the 
Fiscal or whomsoever shall in his place in future 
have charge, as Commissary, of the store : Provided 
that no one is prevented to have his own goods re- 
moved from the Store by his own men or servants, 
with the consent and order as aforesaid. 

Thus done in the Assembly of the Director Gene- 
ral and Council holden in Fort Amsterdam in New 
Netlierland, the 6 September, A° 1656. 



NEW NETHERLAND. 251 



ORDINANCE 

Of the Director General and Council of New Netlierland establishing 

a Weekly Market at New Amsterdam. Passed 13 September, 1656. 

[N. T. Col. MSS. Vm. 182 ; XVI. 84.] 

The Director General and Council of Nejv Nether- 
land, 

To all those who shall see these presents or hear 
them read, Greeting, make known. 

Whekeas divers articles, such as Beef, Pork, But- p^amwe. 
ter, Cheese, Turnips, Carrots, Cabbage and other 
Country produce are brought to this City, now and 
again by Farmers to be sold here, with which being 
come hither, they are obliged to remain a long time 
at the Beach with their produce, frequently to their 
serious loss, because the Commonalty, or at least a 
majority thereof, who live at a distance from the 
Beach, are not aware that such articles are brought 
lor sale, which tends not only to the inconvenience 
of the Burgher, but also to the serious damage of 
the industrious Farmer, who oftentimes loses more 
by his absence from home than he has gained on his 
produce. "Wishing to remedy this, the Director Gen- Sarteftobe 
eral and Council aforesaid, do herebv Ordain that tiSturd^yTn 

" New Am^Ur- 

from this time forward, a Market shall be held here nJachnca^r 
in this City, on every Saturday, on the Beach by or %-^°Fur-^ 
near the house of Mr. Hans Kiersteede,* according to 
which every one who hath any thing to buy or to sell 
shall have to regulate himself. 

Thus done in the Assembly of the Director Gene- 
ral and Council holden in Fort Amsterdam in New 
Netlierland, the 13 September, A° 165G. 

'■■' Between what are now Whitehall and Moore Streets, New York. 
Bee Col. De Voe's Market Book, p. 35. 



252 



LAWS OP 



ORDINANCE 



Soldiers to 
appear at 
drum beat 
fully armed 
ou parade. 



Penalty. 



No one to 
move out of 
the ranks, or 
fire bis gun, 
without 
order. 



renalty. 



Those 
detailed for 
guard to 
appear fulJy 
armed at 
drum beat 
and not 



Of the Director General and Council of New Netherland, for the regu- 
lation of the Director General's Company. Passed 20 September, 
1656. 

[N. T. Col. MSS. ym. 194 ; XVI. 85.] 

The Director General, Petnis Shiyvesant, captain 
of his Company, observing that the last issued order, 
dated 7 October, 1655, regarding the appearance 
before the colors at beat of drum, and the posting of 
and remaining on guard, is not attended to and 
obeyed by the superior and inferior Officers as it 
ought to be, and as is the custom in all garrisons, 
therefore notifies and commands all officers and sol- 
diers of his Company : 

1. 

That every person shall, on roll of the drum, pre- 
pare to make his appearance fully armed before the 
colors, and if any one shall be found absent on the 
third beat of the drum, he shall forfeit for the first 
time, if a Sergeant six guilders ; a Corporal, or Lance 
corporal, four guilders; a Cadet or Private soldier 
three guilders, and for being absent a second time he 
shall suffer arbitrary corporal punishment. 

2. 

Having appeared and been placed in ranks at drum 
beat, as in duty bound, no one, when standing or 
marching, shall run or remove out of his ranks or 
files, or while standing or marching, discharge his 
gun without the special order of the Captain, Lieu- 
tenant or Commander of the troop, on pain of forfeit- 
ing one month's pay. 

3. 

Those who have to mount guard, shall as in duty 
bound, appear in their proper persons at the roll of the 
drum fully armed, parade, and continue and remain 
on guard without being at liberty to send or put 



NEW NETHERLAND. 253 

another in their stead, unless with the knowledge absent 

^ themselves 

and consent of the Director General, the Captain, Jeavo"' 
Lieutenant or whomsoever may fill the place in his 
absence, on the penalty of half a month's wages for the penalty. 
first time, twice so much for the second time, and for 
the third time an arbitrary corporal punishment. Iiv 
order that this may be the better understood and 
obeyed, the Sergeant of the guard shall not be at %feeaT,t.^^ 
liberty to go out of the Fort, or from the guard ex- iSLrd no°°to 
cept with the previous knowledge and consent of the f^f^^j^Jj;. 
Director General, Captain, Lieutenant, or Ensign , ^""^ 
the Corporal, Lance corporal or cadet, except with the 
consent of the Sergeant, and no Private soldiers 
except with the consent of the Sergeant, or in his 
absence, of the Corporal, and then only in a small 
number 2 @ 3 at the most at one time, on the pen- 
alty above mentioned. 

4. 
No man shall come drunk on guard, or when on no one to 

^ come dpunk 

guard shall indulge in drinking, on penalty of one on'^ar'a",'^' 
Dollar or as much more as another shall earn, who is penalty. 
commanded and brought in his place to the guard by 
the Captain, Lieutenant or Sergeant. 

5. 

When on parade, they shall make their appearance soMiersto 

parade 

with their hand and side arms, and the rests for their fo'^SId™"' 
muskets, the muskets properly loaded, as in duty '^'^'^^''■ 
bound. 

6. 
Experience proving, that whenever some Soldiers Bowierg 
are suddenly and unexpectedly commanded on duty, SSetJ''^'^ 
thev then complain, and it is also often found, that SUtswelho 
they have neither Powder nor Ball, therefore every 
one is hereby notified and ordered most expressly, 
henceforth not to discharge his musket either within 
or without the Fort, except by consent of the Lieu- 
tenant, Ensign or in their absence, of a Sergeant, 



Fort with- 
out orders. 



254 LAWS OF 

■who is hereby ordered and commanded to pay strict 

Penalty. attention thereto, on pain of forfeiting six stivers for 

each shot fired without the previous linowledge and 

cognizance of the aforesaid OfiBcers ; but said oflQcers 

are ordered (unless in case of necessity occasioned 

Kadld" fey wetness, or by the foulness of the firearm), to 

charged have the musket, properly loaded with powder and 

once a week ' i. x t/ x 

sideolteide ball, discharged once a week and not oftener, and 
that outside the Fort, by the river side, in order to 
prevent accidents. 

7. 
?fsofmeS ^^ order the better to prevent the waste of jjowder 
b?e?kmtned aud ball, the superior and inferior Officers, particu- 
"'"s- larly the Sergeants, are ordered every evening, when 

going on parade, to examine the Bandeleers of those 
placed on guard, and if any man be found not to 
Penalty have lu hls Bandclcer 6 @ 8 full measures of powder 

for being ^^ ^ 

tmmZl^ and ball, he shall forfeit 12 stivers and show where 
the powder is left, and make payment for it. 



sergrant^of^ The Sergeant who hath made the parade and hath 
CTei?m?r™ charge of the guard, shall, every morning, when the 
"'^' weather is dry and suitable, exercise the Soldiers on 

guard with him in a proper manner, at least during 

one hour or for half an hour. 
how to be ^^^ ^°^^ ^^^^^ ^® applied, one-third to the Officer 

or person making the complaint, two-thirds to the 

benefit of the. Officers and private soldiers belonging 

to the Company. 

Thus done in Fort Amsterdam, in Neiv Netlierland, 

the 20 September, A° 1656. 



applied. 



NEW NETHERLAND. 255 



ORDINANCE 

Of the Director General and Council of New Notherland regulating 
the rate at which Beaver is to be received in payment of Duties. 
Parsed 27 September, 1656. 

[N. Y. Col. MSS. Tin. 219 ; XYI. 89.] 

"Whbkbas, for a long time past, the payment of preamwe. 
the Export Duty, both on Peltries and Tobacco, has 
been very bad, and such that when the Hon " Com- 
pany's Eeceiver wishes to make purchases for the 
Company, with the same Beavers which some mer- 
chants are in the habit of paying to the Company, 
the pay is refused by others, yea, by the very same 
persons from whom those Beavers have been received, 
to the serious loss and damage both of the Company 
and of its Servants in this country, because some 
Merchants in packing, lay aside the poorest and worst 
Beavers for the Company, or else, in case the Com- 
pany or its Servants have need of any Supplies, these 
are charged to them in ordinary settlement fifty per 
cent or more than they can be obtained by others 
with good prepared Beaver, whereby the Company's 
Treasury in general is greatly wronged, and its Ser- 
vants seriously injured. The Director General and 
Council wishing to provide as much as possible for 
this evil, have resolved hereby to order and command 
their Fiscal and the provisional Eeceiver, not to Good.m-r- 

chan table 

receive for the Export duty any other pay than good, oniyi"obe 
whole, merchantable Beaver; in no case, any Sum- pwmem'Jf 

Duties, at 

mer skins or drielings, which are generally rejected s^guuders' 
and refused by the Merchants themselves ; and those "*"' 
at Eight guilders the Beaver for exported merchan- 
dise. 



In regard to the remitted 4 per cent, which must p*l^,^t*to 
be paid in Silver coin in Fatherland, the Eeceiver is sfi?er*or"m 

good Beaver 

ordered to receive it in Silver coin, at the rate it is «o senders 
current in our Fatherland, or in good Beavers, the 



256 LAWS OF 

°tMpfr?^t ^^aver reckoned no higher than six guilders, or in 
thc''imty.°° goods, in case the Company have need of them, at 50 
per cent advance on the duty, as the Company is in 
the habit of vending these to its Servants; and in 
case there be an odd amount, and that the sum is 
more or less than one Beaver, the payer shall be 
allowed to pay what is less than half a Beaver in 
how to be silver coin, or whole well strung Wampum, according 
""■?• to its value here; for what exceeds half a Beaver, 

one whole Beaver shall be paid to the Eeceiver, pro- 
vided he return to the payer the overplus in like coin 
or Wampum. 
Half In order to prevent further disputes about half 

Beavers or *■ 

smau pieces Beavers or small pieces, the Director General and 

Mco'rttag Council order that those which are now given usually 

Weight. for jiaif Beavers, and create many difficulties, and all 

other pieces that cannot pass for good whole Beavers, 

shall not be entered or even received by the piece, 

but by weight, the pound calculated at — guilders. 

Done at the Council holden in Fort Amsterdam, in 

Neiv Netherland, the 27 September, A" 1656. 



NEW NETHERLAND. 257 



ORDINANCE 

Of the Vice-director General and Commissaries of Port Orange for 

the sweeping of Chimneys. Passed 24 October, 165G. 

[N. T. Col. MSS. XATI. part li. 16.] 

Whereas daily experience teaches us, that in con- Preamwe. 
sequence of the foul and unswept condition of the 
Chimneys, they often take fire, and generally the 
houses also ; yea, frequently, the neighboring Build- 
ings -when covered with easily ignitil^e materials, 
whereby great damage is done not only to houses and 
goods, but — sad spectacle! — to people also; There- 
fore, the Vice-Director and Commissaries of this 
Court, in consideration of their office and duty, wish- 
ing to provide according to their ability against such 
accidents, do hereby Order all Burghers and Inhabit- 
ants of Fort Orange and the Village of Beverwych, ^^^^^ 
and each one in particular, to keep the Chimneys of SfSS?^*** 

, 1 . . , /. .1 r> ^^^ kept 

their respective houses clean and out of danger of ^leau. 
fire, under the penalty of One pound Flemish for Penalty, 
every Chimney Tchich shall be found dirty and so 
declared 15 days after the publication hereof. 

Done in Fort Orange, the 24 October, A° 1656. 

(Signed,) La Montagne, Rutger Jacdbsen, Anderies 
Serlertsen. 



33 



258 LAWS OF 



ORDINAISTCE 

Of the Director General and Council of New Netherland renewing and 
amending the Ordinances for the due observance of the Sabbatli ; 
against furnishing Liquor to Indians, or exporting Liquors without 
a permit, and for establishing an Assize of Bread and regulating the 
trade of Baking. Passed 26 October, 1656. 

[N. T. Col. MSS. Vm. 248 ; XVI. 91.] 

The Director General and Council of New Nether- 
land, 

To all those -who hear or see these Presents read, 
Greeting, make known. 

Preamble. That it is fouud by daily and sad experience, that 
the previously issued and frequently renewed Ordi- 
nances and Edicts against the desecration of the 
Lord's Sabbath ; the unseasonable Tapping on that 
day and at night after the posting of the guard or the 
ringing of the bell ; the very dangerous, yea damna- 
ble, sale or bestowal of Wine, Beer, and distilled 
Liquors *; and the baking and sale, as well of coarse as 
of small or white Bread, are, to the dishonor of God, 
to the serious damage, loss and disturbance of the 
peace and quiet of the Inhabitants, and to the gross 
contempt of the authority and quality of the Supe- 
rior and Inferior Magistrates of this Province, neither 
regarded, observed, maintained nor even enforced 
according to the good meaning of the Director Gen- 
eral and Council, and as necessity clearly requires ; 
Therefore, the Director and Council aforesaid, wish- 
ing, in virtue of their office, and prompted by duty 
and necessity, to provide herein, do renew and enlarge 
their previously enacted Ordinances and Edicts, and 
hereby interdict and forbid, 

Ordinary Flrst, all oersous from performing or doing on the 

labor on the i i- . Jr o o 

prowbTtia Lord's day of rest, by us called Sunday, any ordinary 
labor, such as Ploughing, Sowing, Mowing, Building, 



'-i'i. e., to Indians. Tb. 



NEW NETHERLAND. , 259 

Woodsawing, Smithing, Bleaching, Hunting, Fish- 
ing, or any other work which may be lawful on other 
days, on pain of forfeiting One pound Fleniish for Penalty. 
each person ; much less any lower or unlawful exer- 
cise and Amusement, Drunkenness, frequenting m^n^!' 
Taverns or Tippling houses, Dancing, playing r^^^^'^^J'^ 
Ball, Cards, Tricktrack, Tennis, Cricket or Ninepins, Nmepma, 
going on pleasure parties in a Boat, Car or Wagon ureparues, 
before, between or during Divine Service, oa pain 
of a double fine ; especially, all Tavern keepers, or 
Tapsters from entertaining any Clubs or tapping, |f»jfg^ 
bestowing, giving or selling directly or indirectly t"'hrf^^' 
any Brandy, Wine, Beer, or Strong Liquor to any gj^^^"^ 
person before, between or during the Sermons, under fo,S4n. 
a fine of six guilders, to be forfeited by the Tavern- penalty. 
keeper or Tapster for each person, and three guilders 
by every jjerson found drinking at the time aforesaid. 
In like manner, Tavern keepers or Tapsters shall kMp"r"not 

, , , , , . , to i-*ntertain 

not accommodate or entertain any company, or tap, ^5"|^^„o^t^^" 
sell or give any Wine, Beer, distilled Liquors or rhl'pisVml 
waters to any i)erson at night, on Sundays or on orrm'gfnlor 
other days, after the posting of the guard or ringing 
of the bell, on the same penalty ; the domestic guest, 
persons appointed on public business with the con- f^^%^° 
sent and by order of the Magistrates, alone excepted. peSs^n 

public 

Secondly, with regard to the very dangerous, ""smesa. 
injurious and damnable sale, bestowal and giving of 
Wine, Beer or distilled Liquors to the Indians or 
Natives of this Country, from which almost as many 
mischiefs proceed, or at least are threatened and 
apprehended, as there are drunken Savages, the Laws 

against 

Director General and Council aforesaid, renewing fSto 
and enlarging their previously published Edicts, do iL'^yei. 
hereby Order and command, that- no person, of what 
quality or profession he may be, shall sell, trade to, No^Liqnor 
bestow, give, furnish or carry or allow to be carried, fnSans '" 
to or for any Indians, in or out of the house, by laud 



260 



LAWS OF 



Penalty of 
600 guilders 
ani cor- 
poral pun- 
ishment 
and banish- 
ment from 
the Pro- 
vince. 



Persons 
privy to 
eucii Sales 
and not 
inlbrming 
against 
those who 
violate this 
law, to pay 
hall the 
fine. 



Peddling 

Liquor 

along 

Rivers' 

prohibited 



Masters of 
Vessels, (fee, 
to enter and 
take out a 

Eermlt for 
iquors 
which they 
receive on 
board. 



or water, from Yachts, Barks, Boats, or Canoes, 
Carts or Wagons, by what name soever such vehicles 
may be called, either directly or indirectly, any Beer, 
Wine, distilled Spirits or Liquors, under a penalty of 
Five hundred guilders, and in addition to be arbitra- 
rily punished on the body, and banished from the 
country. And in order that the same may be discov- 
ered, for the better promotion and maintenance of 
the public peace and quiet, between the good Inhab- 
itants of this Province and the Barbarians, all supe- 
rior and inferior oflQcers, free or hired servants of the 
company, and Inhabitants of this Province are, by 
their oifice and fealty, exhorted, required and com- 
manded to aid in preventing, discovering and giving 
information of such most dangerous and damnable 
sale or bestowal of Wine, Beer, or distilled Spirits, 
or, failing therein, to pay half the fine in case it after- 
ward appear, or become known, that they were 
privy to, or had not informed of, such sale, gift or 
present of Wine, Beer, or distilled Spirits to any 
Indians. 

Further, the said Director General and Council, 
being credibly informed and told, that Wine, Beer 
and distilled Liquors, are peddled and retailed up 
and along the Elvers, from up-going and return- 
ing Yachts, Barks, Boats, Ships and Canoes, do 
hereby not only interdict and forbid such peddling 
and retailing, but Ordain, enact and command that 
no Skippers, Sloop owners, Oanoemen or Boatmen, 
or any other free or bound Inhabitants, of what 
name, nation, quality or business they may be, shall 
from this time forth, either for themselves or for 
others, embark, load, take with them, in any Bark, 
Yacht, Boat, Canoe, or any other vessel, any Wine, 
Beer, distilled Liquors or Spirits in large or small 
casks, or even in Cans, Jugs or Demijohns, without 
having first entered the correct quantity with the 



NEW NETHERLAND. 261 

OfiScer of the place where the Wine, Beer or distilled 
Spirits, in large or small quantities, are embarked, 
shipped or loaded, and received from the Officer a 
certificate or permit, on -which shall appear the quan- 
tity and quality of casks and other measure of the 
Wine, Beer or distilled Liquors to be taken along, 
for -whom shipped, and to whom consigned, and shall 
bring back a proper certificate or proof of the deliv- 
ery to such person, signed by the Officer and the 
Eeceiver thereof at the place of delivery; and all penalty. 
that on pain of forfeiting the concealed Wine, Beer 
or distilled Liquors, and a fine of Five hundred guil- 
ders for the first time, and forfeiting in addition, for 
the second offense, the Bark, Yacht, Boat or Canoe. 

Thirdly, in regard to the baking and selling of Eeguiation 
coarse and white Bread, neither of lawful weight nor ^^'^i "^ 
at the fixed price, the Director General and Council 
renewing and enlarging the previously published 
Order on that subject, do hereby Ordain and com- 
mand that all Bakers and all other Inhabitants who 
make a business of baking or selling Bread, whether 
for Christians or Barbarians, shall be obliged, as well ^i^^ll^ 
for the accommodation of Christians as to derive weet"^^ 
jjrofit thereby from Indians, to bake at least once or 
twice a week both coarse and white Bread, as well 
for Christians as Indians, of the stated weight and at 
the price, as follows : 

The Coarse loaf shall weigh 

The double, 8 lbs., and cost 14 stivers. weight 

. and price 

The single, 4 lbs., and cost 7 stivers. BrSd-'^ 

The half, 2 lbs., and cost 3J stivers. « 

The White loaf shall weigh 

The double, 2 lbs., and cost 8 stivers. greTi"® 

The single, 1 lb., and cost 4 stivers. 
The half, i lb., and cost 2 stivers. 



262 



LAWS OF 



Bread 
short of the 
prescribed 
weifrlit 
or Slid 
higlicr than 
the le^al 
price to be 
3'or;eit, and 
the Baker 
fined. 



Silted Bran 
hot to be 
mixed with 
Coar.-e 
Bread. 



Local 

Courts 
to liave 
inspection 
01' Bread. 



Bakers and 
Tapstera to 
be licensed, 
quarterly. 



Fee for. 
License. 



All Bread found to be of a less weight or sold 
at a higher price, without the previous kuowledge, 
order and consent of the Inferior Court, shall be 
forfeit, and there shall be paid in addition a fine of 
Twenty-five pounds Flemish for the first time; for 
the second time, double as much, and for the third 
time, Six hundred guilders, and the trade be abso- 
lutely prohibited [the ofl'ender]. 

Farther, no Bakers or persons who make a busi- 
ness of selling coarse or white Bread to Christians or 
Indians, shall be allowed to mix any sifted bran either 
wholly or in part with the coarse Bread, but bake 
the coarse Bread as the flour comes from the Mill ; or 
to make any other sort of coarse or white Bread 
either for Indians or Christians, than is hereinbefore 
specified, on the penalty as aforesaid. The inspec- 
tion thereof remains subject to the respective Courts, 
each within its jurisdiction, and those whom, as 
better judges of Bread, they shall adjoin to them- 
selves. 

Fourthly, the Director General and Council, being 
further informed, and duly considering, that frauds 
can creep in, both in the matter of tapping and 
baking, for the concealment whereof excuses may be 
set up and invented, because no Guild or association 
is hitherto known ; to prevent such, as much as possi- 
ble, the Director General and Council Ordain and 
command that, from this time forward, no person 
shall make any profession of Baking or Tapping, 
unless he first apply to the Court in the respective 
jurisdiction and receive from it, or its Agent, a 
License for that business, which all Tavern keepers 
and Bakers shall renew every quarter of a year com- 
mencing the first of November next, and pay for it 
each lime One pound Flemish for the benefit of the 
respective Court, on pain of suspension of his busi- 
ness for notorious and obstinate neglect. 



NEW NETHERLAND. 263 

The Fines aud Amercements above specified are to Ji'j^thia 
be applied one-thii-d for the Officer who shall enter b'eappu^'.'' 
the complaint; one-third for the Church or the Poor; 
one-third for the public benefit. 

In order that all this may be the better known, 
practiced and obeyed, and that no one i)retend 
ignorance hereafter on this subject, the . Director 
General and Council do hereby Ordain and com- 
mand that these presents shall be published and 
posted everywhere that it is customary to have 
publication made, and that after publication they 
be observed and executed without any favor, affec- 
tion, simulation or respect of persons, as we find 
such to be for the public service and for the better 
and greater peace of the good Inhabitants. 

Thus done, renewed and enlarged in the Assembly 
of the Director General and Council of New Netlier- 
lancl the 26 October, IGoG. 



ORDINANCE 

Of the Director General and Council of New Netherland further regu- 
lating the Excise in New Amsterdam. Passed 25 Nuvember, 1G56. 
[N. T. Col. MSS. VIII. 281.] 

It is, on the proposal of the Schout, Burgomasters 
and Schepens, advised and, until there be a larger 
number of the ordinary Councillors, also provision- 
ally Ordained, that when the Schout, Burgomasters 
and Schepens rent out the Burgher Excise on Wine 
aud Beer, with the approbation of the Director Gene- 
ral and Council, agreeably to the Custom and Order 
of Fatherland, the Ordinances and Eegulations on }f^^^^ 
that subject enacted by the Supreme Government of in'reKard?o 

- , . , the K.xciae 

our Fatherland* ought consequently be likewise put in ^2,ZZdam. 
practice and observed here as far as possible : There- 
fore we resolve and Ordain by form of Explanation, 

* See Ordinance of the states, enacted in 1019. Ai-ticle 34. Tr. 



264 



LAWS OF 



Brewers 
to pay 20 
Slivers on 
each Brew- 
ing. 



1. 
TLat all persons iu, or wlthiQ the jurisdiction of, 
this City, wbo make a business of Brewing, shall, 
pursuant to the Ordinance, pay to the Farmer twenty 
stivers for each brewing, whether of strong or small 
Beer. 



Beer 
not to be 
removed 
from the 
Brewery 
without a 
permit from 
the Farmer 
of the 
Kxcise. 



Fee for 
permit. 



In order to prevent frauds and Smuggling, we 
resolve and Ordain, that no Brewers shall remove 
any casks of Beer from the brewery, or lay them in 
their own, or in other people's Houses or Cellars, 
without first having given notice thereof to the Far- 
mer, and received from the Farmer, or his Collector, 
a permit or license therefor, whereupon must appear 
the quantity of the Beer which the Brewer intends to 
remove on his or their account, for which permit six 
stivers shall be paid for the behoof of thS* Farmer, 
the Brewer remaining bound to submit to the gaug- 
ing, and to the fine in case of fraud. 



It is true that the general Ordinance discriminates 

between Brewers and wholesale Beer merchants, 

which distinction does not as yet exist here, because 

Breweraand thc Brcwcrs themsclves, delivering the Beer by the 

Ketailers of i o j 

whole, half or quarter cask, are to be considered both 
as Brewers and wholesale Beer merchants ; therefore 
it is resolved and provisionally Ordained, that the 
Brewers and retailers of Beer shall agree with the 
Farmer respecting their own consumption, or else 
pay to the Farmer or his Collector, pursuant to the 
Ordinance, eight stivers per month for the drink of 
each person over 12 years of age. 



Beer to pay 
8 ytivers a 
month for 
what Beer 
each mem- 
ber of the 
family con- 
Games. 



Brewers 

who have 
refused to 
allow gaug- 



4. 
In regard to the demand against the Brewers, who 
thus far have refused to submit to the gauging, the 
claim of the Farmer is for the present, denied ; pro- 



NEW NETHERLAND. 265 

Tided, nevertheless, that the contumacious Brewer '^"f,^"''^^,,^ 
shall present to the Church a decent fine, and that ciiur'ju; aud 
the Farmer, after the publicatioa and promulgation 
hereof, shall receive as an indemnitv for his claim Hereafter 

•- 12 Stivers 

and to prevent further complaints, the legal Burgher S^cSe.""' 
excise, according to the lease, Twelve stivers each 
consecutive month. 

5. 
Whereas, by the terms of the lease, the Excise on Anper- 

" • sons to pay 

Wiue and Beer is imposed on all without distinction, Excise, "ut 
as well the Company's servants as Freemen, in order 
to prevent further claims, it is declared and Ordained S'ay to™" 
that the same shall continue in force, provided that wuh^the 

■^ Company's 

the Farmer shall amicably agree with the servants s"™""^- 
of the Company ; the Company, and what is laid in "n-e com- 
or sent away on its account, only excepted. iScile? 

Thus advised and provisionally Ordained by the 
Hon"^ Director General, this 25 November, A° 1656, 
in Amsterdam, in Neiv Netherland. 

(Signed,) " P. STUYVESAIfT. 

By order of the Director General of New Nether- 
land, Curacao, &c. 

(Signed,) Coenelis va^i Eutven, Secretary. 

34 



266 



LAWS OF 



ORDINANCE 



Preamble. 



Plantations 
and LotA on 
the South 
river to be 
fenncd 
within 
three 
months. 



Penalty. 



Overseera 

to enforce 



Of tne Vice-director of Fort Casimir providing for the Fencing of 

Lands tliere. Passed 27 November, 1656. 

[N. Y. Col. MSS. XVm. 23.] 

Whereas heretofore many and repeated com- 
plaints have been made of the damage done to the 
Lands lying near Fort Casimir, which is caused prin- 
cipally by the want of good Fences with which the 
Plantations and lots are not sufiBciently provided ; 
also, that some Plantations and lots are lying open, 
the proprietors whereof are non-residents, and such 
cannot be inclosed, likewise others have taken up 
more land than they can cultivate; and, Whereas, this 
being seen, still worse is to be apprehended if provis- 
ion be not made in the premises : Therefore the 
Hon'"^ Vice-Director Jaqiiet wishing to provide there- 
for, in order to prevent further coqaplaints, hath 
Ordained as he doth hereby Ordain, that all and every 
who have any Plantations or Lots shall be notified to 
protect the same within the time of the three next 
months, being the last of February, with a good sub- 
stantial Fence, and whosoever is found negligent, 
after the expiration of the time aforesaid, shall forfeit 
the sum of fl.lO, for the first time, and if, notwith- 
standing, he remain in default for the space of seven 
days after date, he shall forfeit the sum of Twenty 
guilders, and, after the lapse of seven days more, 
still remaining in default, he, being considered of an 
obstinate disposition, shall be deprived forever of his 
lands, which shall be at the disposal of the Hou"^ 
Company, to distribute to others. And this Ordi- 
nance shall be strictly obeyed and executed, so that 
complaints may [cease] and every one pursue his 
occupation without let or hinderance, to which end 
the public Overseers thereunto elected are expressly 



NEW NETHERLAND. 267 

CQiimanded to pay particular attention to tLe same, 

on the penalty of a double fine if tliey be neglectful, f^^^lf^^ 

as this is found to be for the public good. of duty. 

Thus done and enacted in Fort Casimir, on the 
South river of New Netherland, this 27 November of 
this year, 1656. 



ORDINANCE 

Of the Vice-director of Fort Casimir for the Inspection of Tobacco 

at the South river. Passed 12 December, 1656. 

[N. T. Col. MSS. znn. 23.] 

Whebbas it is seen that this Eiver is, on account preamwe. 
of its Tobacco, about to become in good repute, and 
People are encouraged to settle down here, if good care 
■were taken that the Tobacco be packed in as sound a 
condition as possible, and all fraud which might be 
therein used, as much as possible prevented; And 
whereas this cannot be effected unless attention be 
paid thereto, and it be first inspected before it be sent 
off or exported; And whereas fit and faithful persons 
are required for that purpose : Therefore the Hon*"® 
Vice-Director Jaquet, upon i)revious nomination by 
the Commonalty, hath authorized and qualified the Jj^p^Jj;^^ 
persons of Moenes Andriess and William Mouritz, gSuufnvet 
whose duty it shall be to inspect all Tobacco before ^^^""^ 
it will be delivered or exported, and certify for whom 
it is inspected, and who hath delivered it; and if it 
happen, as probably it will, that some will not sub- 
mit to the Inspection aforesaid, as they consider 
themselves sufficiently competent for that purpose, 
and such conduct cannot have any other effect than 
greatly to prejudice good order; Therefore, the Hon*"' 
Vice-Director Jaquet, being desirous to prevent all 
disorder, and following, in this regard, the good Ordi- 
nance enacted at the Manaliatis, doth hereby Ordain, 



268 



LAWS OF 



not'wb'e order and command all Inhabitants residing on t^i^c 
S^'eipSted Eiver here, that they from this time forth, shall not 

unless 

iuapected attempt to deliver, or receive, much less to export, 
any Tobacco, unless they previously obtain a certifi- 
cate of the sworn Inspectors; ten stivers for each 
hundred lbs. of inspected Tobacco, to be paid six 
stivers by the receiver, and four stivers by the deliv- 
erer; and all this on the penalty of Fifty guilders 
for the first time, and in proportion for the second 
and third time, and the Informer shall receive Twenty 
guilders, and his name shall be concealed. Every 
one hath to regulate himself accordingly. 

Thus done and enacted at Fort Casimir, in the 
South Eiver of New Netherland, this 12 December. 



Fee for 
iu^peccion. 



Penalty. 



ORDINANCE 



Charter 
ot New 
Anviterdam 
enlarged. 



City Court 
to pass 
Bentence of 
Branding 
and Whip- 
ping in cer- 
tain cases. 



Eight of 

Appeal 

reserved. 



City Court 
to execute 
Bentence if 
confirmed. 



Of the Director General and Council of New Netherland enlarging the 
jurisdiction of the Court of New Amsterdam. Passed 21 Decemher, 
165G. 

[N. T. Col. MSS. Vin. 300.] 

The Director General and Council of New Nether- 
land, in amplification of the Instruction given and 
granted to the Schout, Burgomasters and Schepens of 
the City of Amsterdam in New Netherland, do permit 
and authorize the aforesaid Court to pass sentence, 
to the extent of Branding and Whipping inclusive, in 
all cases of Misdemeanor and Criminal offenses of a 
minor character, and execute the same, unless the 
person condemned appeal therefrom, -which he shall 
be bound to do within the space of four and twenty 
hours after the sentence is pronounced, and, in case, 
after the revision of the proceedings, the sentence 
pronounced by the Court aforesaid is confirmed by 
the Director General and Council, or any alteration 
made therein, the same shall be put in execution 



NEW NETHERLAND. 269 

on the prisoner by the Schout, Burgomasters and 
Schepens. 

Thus done and enlarged in the Assembly of the 
Director General and Council, holden in Fort Amster- 
dam in New Netherland, the 21 December, 1G56. 



AETICLES Am ORDIMNCES 

Revised and enacted by the Eight Honorable the Lords Burgomasters 
of the City of Amsterdam, according to which, shall be engaged 
and sworn all those who shall hereafter enter the service of the 
Lords Burgomasters of the City of Amsterdam, for the purpose of 
going with their own, or chartered ships to New Netherland and 
the limits of the West India Company's Grant, pursuant to the 
Agreement entered into with it, and approved of by the High and 
Mighty Lords States General of the United Netherlands. Also 
those who shall happen to transport themselves thither as Colonists 
and other Free persons. All which, the above mentioned Lords 
States General and the Lords Burgomasters of the aforesaid City, 
ordain and command shall be obeyed, maintained, respected during 
the aforesaid journey both by water and on land, by all and every 
of the crew of the Ships which are equipped, sent, and fitted out 
to New Netherland, and generally by all th»se who shall repair to 
the Country aforesaid as Servants or as Colonists, and other Free 
persons as aforesaid. Passed December , 1656. 

[N. Y. Col. MSS. XVm. 24.] 

First Title. 

Of the Magistrates, their authority, and what oledienne 
every one owes. 

let. All ships' Officers and Seamen shall be bound seamen to 
to be faithful to, and in all things to obey the orders t'^}^^^' 
of, their Skippers ; the soldiers of their Captains or Bowiew 
other officers that shall be set over them, either on captams. 
water or on land, without in any manner being 
refractory. 



270 



LAWS OF 



Skippers to 
have com- 
mand of the 
crew and 
ship, 



Board to 
administer 
justice oa 
the Voyage. 



Of whom 
to be com- 
posed. 



Their juris- 
diction. 



Officers 
to go the 
rounds of 
the ship 
fre<iuently 
durmg the 
nieht. 



Keward 
for the 
discovery 
or Conspir- 
acies and 
projected 
mutinies 
on board 
of ship, or 



The Skippers shall have command over the crew 
of the ship, and the government thereof, and author 
ity to carry, shorten, or increase sail, and moreover, 
■with their pilots, to consult regarding the nearest and 
fittest course by which to arrive the most speedily 
at the destined port. 

And that all disorders may be prevented and sound 
justice administered, a Council of six persons shall be 
appointed on board of each ship as judges, with full 
power to administer justice and law in all civil and 
minor offenses, to wit: The Skipper, Supercago, with 
the Commander of the soldiers, in case there be any, 
the Pilot, the chief Boatswain and Gunner. But 
whenever the highest military officer is a Captain, he 
shall have a seat next the Skipper, and if the factor 
or upper commissary be on board the ship, he shall 
have precedence above all. 

In case any conspiracies or other notorious capital 
crimes occur in the ship on its outward or homeward 
voyage, the ship's Council shall strictly and rigidly 
investigate it by properly taken and written iiifor- 
mations, in order that the guilty persons may be 
delivered over and punished either here or in New 
Netherland, according to their deserts. 

The Skipper and Commissary, as well as the Cap- 
tain and commander of the soldiers where there are 
any in the respective ships, shall be required to go the 
rounds three or four times every night in the ships 
in all quarters above and below, either by themselves 
or by such as they shall commission to do so by 
turns, in order to prevent all disturbance, disorder, 
and particularly all complotting and conspiracy 
among the crew. 

Whoever discovers and brings to light any conspir- 
acy or preconcerted mutiny, if he be a party thereto, 
shall be exempt from punishment, and iu addition 
receive twenty Thalers of Eight. And in case he be 



NEW NETHERLAND 271 

innocent of said conspiracy, lie shall be rewarded 

with fifty Thalers, and moreover be advanced and 

promoted to the first vacant ofiice for Avhich he is fit. 

lu like manner shall such reward and advancement 

be conferred on whomsoever shall discover and make 1",^™ ^ 

known, auy premeditated treachery or conspiracy in 

any place in Neiv Netherland. 

Second Title. 
Of Religion, Clergymen, and Consolers of the Side. 
'So person shall take the name of the Lord in vain, penalty 

^ ' for cursing 

whether by cursing, swearing, or blaspheming, in jest pLe^g. 
or otherwise, upon the penalty of ten stivers, and 
arbitrary correction, according to the degree of pro- 
fanity and blasphemy which shall be uttered and 
expressed. 

Also shall no man presume to rebuke, to contempt- ^';,^^tcr' 
uously treat, disturb, or in any wise obstruct the ""e'at^awith 

disrespect, 

Minister or exhorter of God's Holy Word, in the rntHiJpIr-* 

performance of his ofiice or calling. StTifduty. 

Further, whenever, early in the morning or after au persona 

' ' "^ O to attend 

supper in the evening, prayers shall be said, or God's rnd''CT"euing 
word read, by anyone thereunto commissioned, every 
person, of what quality soever he may be, shall repair 
to hear it with becoming reverence. 
]Sro man shall raise or bring forward any question neiigions 

^ "^ * subjects not 

or argument on the subject of religion, on pain of ^U3''s^ed?^ 
beiug placed on bread and water three days in the 
ship's galley. And if any difficulties should arise out Penalty, 
of the said disputes, the author thereof shall be arbi- 
trarily punished. 

Thikd Title. 
Order to ie observed in divers matters on hoard tJie 

ships; also, of the Monthly wages and such lilce 

siihjects. 

Skippers, Captain, commissary and other oflScers woper- 
shall not be at liberty to receive any persons, such as If^^^i 



272 



LAWS OF 



except sucb 
as are pro- 
vided witli 
passports. 



Penalty. 



No person 
lo be 
brought 
from New 
Netherlands 
except by 
permission. 



Penally. 



Journals 
to be Ifept 
of the out- 
ward and 
homeward 
bound 
Voyages. 



Penalty. 



Officers, 
Soldiers and 
ISailors to 
repair on 
board the 
Ships at 
drumbeat. 



Penalty. 



Not 

to enter 
Foreign 

f torts except 
n case of 
necessity. 



Term of 
service of 
those going 
to New 
Neiherland , 
in the 
employ of 
the City of 
Amiterdam, 



Colonists and other free people, in their ship or ships, 
to convey them over to New Netherland, except only 
those who will exhibit our passports, furnished to 
them for that purpose by the commissaries or direct- 
ors, on pain of forfeiting Fifty florins for every person 
whom they may convey over without such consent. 

In like manner Skippers, Captains, commissaries 
and other oflBcers shall not be at liberty to bring 
hither any one bound to service, or free colonists and 
other persons, from Neiv Netherland, except with 
especial consent of the Director there, on pain of for- 
feiting Six hundred florins for each person. 

All Skippers, Commissaries, and Pilots, shall be 
bound to keep a journal and daily register of all 
occurrences on the outward and homeward voyages, 
and the same deliver over to the Burgomasters or 
their commissaries, appointed over the Colony in 
Neiv Netherland, on pain of three months' wages to 
be forfeited by those who refuse or fail to comply 
herewith. 

All Ifaval and Military Ofiflcers, Soldiers and Sail- 
ors shall be bound, and do hereby promise, to repair, 
at beat of drum, at such time and hour as may be 
appointed, on board the Ships or Lighters, on pain 
of forfeiting one month's wages, without any con- 
tradiction or evasion. 

They must not run with their ships, on the return 
voyage, into France, England, or any other foreign 
places, except by most urgent necessity, whereof 
the ship's Council shall be bound to decide and 
justify under bond of their persons and monthly 
wages. 

All persons going to New Netherland in the service 
of the City aforesaid, shall be bound to remain there 
and to serve by water and by land, for the term of 
four years, exclusive of the time spent in going and 
returning, or as much longer or' shorter as the City 



NEW" NETHERLAND. 273 

shall have need of them, and this Voyage may 
require. 

But the City shall not be obliged to allow those ^//^e 
■who have bound themselves for a certain number of itthems- 

cretion of 

years, to remain their bounden time in New Neiher- oSbSS'^ 
land, and to continue in their service, but as the term^ 

expires. 

Director, Commissary and Council shall have power 
to send them home, so may the Lords Burgomasters 
or their Commissioners, at all times at their pleasure, 
recall them home without being bound to give any 
reasons for so doing to any person. 

And all those who conceal themselves in the home- SSm'^'"' 
ward-bound ships and come over without the con- oSyeajeu. 

•*■ forfeit their 

sent of the authorities at the place where they are S'o'^ty!''"'' 
lying at anchor, and desert the places, ships and 
garrisons intrusted to them, whether their bounden 
time has expired or not, shall forfeit, for the behoof 
of the City, all their earned monthly pay and booty. 

Whosoever runs off to the French, English or any ^™t'J,'Jf'^ 
other Christian or Jndian neighbors by whatsoever toind'rara,"" 

r ^ to forfeit 

name they may be called, shall, in addition to the ^^^i\^ll 
forfeiture of all his monthly pay to the City, be from'Jto,, 

, Nethn-land 

banished forever from New Netlierland as a perjured ^^t^k™ 
villain, and, if he afterward come to fall into the DeSbf"^ 
hands of the City, he shall, without any considera- 
tion, be punished by death or otherwise according to 
the exigency of the case. 

Any body having received two months' wages, or ^0™*^^^;^^ 
anv bounty money, and runs away with it, shall be iZlw^^" 

*^ '^ *■ wages or 

corporally or arbitrarily punished and refund double """"'y- 
the amount. 

Item. — If any one during his term of service shall f°^^l% 
so behave himself that his pay is confiscated in whole ofmfcuy 

of AmsCer- 

or in part, the same shall remain by the law of re- '^"'■ 
tention to the beh'oof of the City, to be forfeited in all 
appearances the same as if it had not been earned, 
so long as he shall not have faithfully served out to 

35 



274 



LAWS OF 



the end his bouDden time, unless otherwise provided 
by our special order. 



Time when 
wages com- 
mence and 
terminate. 



Penalty 
for Inso- 
lence, (&C. 



Wages to 
be alien on 
theSbipaud 
Cargo, 



tJnless In 
case of 
Wreck, 
provided 
tbey do not 
exceed 12 
months' 
pay. 



Proceeds of 
the Wreck, 
after pay- 
e ment of 
Salvage 
and other 
expenses to 
be applied 
to paying 
Wages. 



FouETH Article. 

Of the time the Monthly wages commence and fall due, 

and of Hypothecating. 

The monthly pay agreed upon shall commence 
and be reckoned when the last ton for the prosecu- 
tion of the voyage shall be carried on board, and 
terminate when the engaged persons shall be dis- 
charged by the Commissioners, or Directors, or those 
authorized thereto by them, without any person being 
able, before the date of the discharge, to leave the 
service, to abandon the ship, or commit any insolence, 
force or violence, by word or act, either at the Texel, 
or under way in the homeward voyage, on the pen- 
alty of two months' wages. 

And in order that those who sail in their own or 
in any of the City's chartered ships may take the 
better care, offensively and defensively, to assist in 
preserving them from all dangers of th« sea, fire, and 
other casualties, so shall every one, as security for his 
monthly wages, have in pledge the ship, the ready 
money, and loaded cargo which she has on board, 
and nothing else, so that every one shall run the risk 
of his monthly wages on said ship, yacht and cargo 
therein, and consequently, if the said ship and all its 
cargo on board happen to be lost, then he shall 
lose all the monthly wages earned on board said ship, 
provided the same do not exceed in amount twelve 
months, so that the time which they have been in 
the service of the City beyond the twelve months 
shall be paid in all cases without deduction of Assu- 
rance, and further for the rest they shall have no 
right or action, except on the proceeds of the wrecked 
ship and cargo, which have come into the hands of 
the Commissioners or Directors, over and above the 



ISTEW NETHERLAKD. 275 

Salvage and other necessary expenses, •without nev- 
ertheless having any claim on the goods or money 
discharged before the date of the wreck. 
And payment of the monthly wages shall be made wages 

payable on 

in this country to every one, either on his return, ^?,fo'?"'® 
or after the expiration of the first term for which thlfpSS 

to wbom 

he was engaged, on his order, to his wife, children ^''*- 
or friends, on their exhibiting sufficient authority or 
procuration ; also, of the wages which anyone has 
earned in the outward voyage, on the return of the 
ship wherein he went out, provided that the writ- 
ten authority, petition or power of attorney, or an condiuona. 
account or other proper and sufficient voucher, is 
transmitted, showing, by balance, what monthly pay 
is coming to him from the time he was first engaged 
or on his outward voyage ; but no person shall be 
at liberty to demand any account during the time 
he is engaged, neither shall it b« furnished him, nor 
shall he be paid, except here or in that country. 
And in case anyone come to die before the wwowor 

*■ heirs of a 

expiration of his time of service, his monthly wages pfnol"."' 
shall be paid to his widow, children, or heirs, as soon to hL? wages 

^ 7 7 7 on giving a 

as the accounts and other satisfactory vouchers shall SSn""""^ 
be received under good and sufficient bond against 
all further claims. 

All persons shall be obliged to be satisfied with J^"J|^|^''^ 
the payment of the wages which the Lords Burgomas- who Lall" 
ters or their Commissioners or Directors shall have indemnity 

bond. 

made once arid in good faith, on the declaration at 
least of two witnesses that these who come to claim 
the wages are the next heirs of the deceased, and on 
their pledge to return back the moneys at all times 
when demanded. 

And whenever in time of alarm, the trumpet is ^'a^p'SE'r'^t 
sounded or the drum beaten, every one shall, on pain S of*' 

drum, 

of corporal punishment, immediately appear with all 
diligence forthwith to take his position for defense, 



276 LAWS OF 

and thus inflict in due order all damage and offer 
every resistance possible to the enemy; 
forThe"" Under express promise that the wounded shall be 
wouQded.. properly taken care of by means of good Surgeons ; 
and if any persons in the employment of the City, 
and in the execution of their command, office, or ser- 
vice, happen to be maimed, lamed, or otherwise be 
deprived of their health, they shall be remunerated 
as follows, To wit : 

Matoed, I'or the loss of the right arm, fl.333 

""^ ' For the loss of the left arm 266 

For the loss of a leg, 240 

For the loss of both legs, 533 

For the loss of one eye, 240 

For both eyes, : 1066 

For the left hand 240 

For the right hand, 266 

For both hands, 933 

Invalids. For the loss of all other members and lameness, 
whereof any person being fully cured aud healed, yet 
may not be restored to his former health, or may be 
maimed or thereby disabled from the use which he 
previously had of his limbs, he shall therefor be 
proportionally indemnified at the discretion of the 
Oomissioners or Directors, according to previous 
inspection of the Doctors, Surgeons, or other compe- 
tent judges. Provided, always, that he show and 
produce a certificate from his superior officer, who, at 
the time of his being wounded and maimed had the 
command, and of the entire ship's Council, that he 
had received the wound in the execution of his office 
and employment in the service of the City, 
bl^afdta Officers, Matrosses, and Soldiers, shall save their 
ISp'bliost] monthly pay in case they lose their ship, or she be 
fo"rwt,''tf sunk or burned in an offensive or defensive fight 
rajftu/ed. with the enemy; but if the enemy overpower the 



NEW NETHERLAND. 277 

ship or ships, they shall lose their monthly wages, as 
in Article 4. 

And, in order that the Military persons and other J?^i,°°/gea 
the City's servants, on becoming free yonder, or hav- t^^b^pS''* 

at their 

ing served out their time in New Netherland, may be 5g'i°jjj5i 



et-land. 



able to employ their earned monthly wages, the 
Book-keeper here shall send over to the persons their 
accounts, with the charges against them here, in 
order that payment may be made in New Netherland, 
into the hands of the owners after the expiration of 
their time, or on obtaining their discharge from the 
service of the City. 

Fifth Title. 
Of (lie Allowance to tliose who are placed in Higher 

Offices. 

Whosoever is placed in a higher oflBce or position pro^'motea 
anvwhere on land or on board any ships inland in how to^e 
Netv Netherland, shall receive, as an allowance, the 
half of his own, and of such person's pay to whose 
office and place he succeeds, until such person's first 
bounden time shall have expired, notwithstanding 
that he previously might have filled a higher position, 
and thus, by halving, the first pay is already dimin- 
ished; after that, he shall receive the full pay of his 
immediate predecessor, provided that this shall not 
apply to Military oflScers and soldiers succeeding to »"^^^,°'to 
higher ofiBces, who shall receive the pay of those to ^m^A^ox 

soldiers. 

whose places they succeed ; with this understanding, 
nevertheless, that neither they nor any person on ?J°d?^^°p'iy 
ship board filling two offices shall receive the full SfficeT 
pay of both offices. 

ISTo one of the City's servants, from the highest to ?eceiVeany 
the lowest, shall, during his engagement, be at liberty Suowance" 
to demand, promise or to be promised, either directly 
or indirectly, except from the Lords Burgomasters or ^j^fj^^^ 
their Commissioners or Directors assembled as a p""^^ 



services 
not to be 
allowed. 



278 LAWS OP 

Board, any other pay, conditions or allowance than 
lie is engaged at, on pain of nullity. And, in case 
any of those servants, directly or indirectly, happen 
on the outward or homeward voyage to earn, demand 
Claims and claim any other wages or allowance than what 

lor extra *' ^ 

was promised and allowed him on his engagement 
here by the Lords Burgomasters or their Commission- 
ers or Directors, and the allowance hereinbefore set 
forth, he shall not have or pretend any right or 
action therein against the City, although the person 
may make such claim for some extraordinary services 
done the City. 

Sixth Title. 
Of the Private trade of those who sail in the service. 
No person ]S"o pcrsoD, of what rank soever he may be, shall 

to take with •■■ ' J ' 

mS'niftons'" be at liberty to carry with him any Munitions of 
trade with War, such as Powder, Guns and other Arms, to sell 

Indians. ' ' ' 

or barter them in New Netherland to the Natives or 
Penalty. ludiaus, ou pain of forfeiting all the wages he has 
earned or shall earn, and, in addition, quadruple the 
value of what he ipay have bartered, and, there- 
fore, shall every one have to submit to due examina- 
tion and inspection of his Chest and Goods before he 
go ashore. 
fate^ou'o Commissaries, Supercargoes, and all others shall 
Snp'rivSte"'' not be at liberty to take any Goods, Merchandise, 

account. 

&c., on their account, out of the Store, or to take 

any with them for the purpose of selling them at a 

dearer price to the People, or otherwise trade them 

Penalty. for their private profit, on pain of forfeiting all their 

monthly wages, and being arbitrarily punished. 
coioniste or Iq \\^q manner, the Commissaries and Storekeepers 
fromtbe shall uot dlsburse to any person more Goods or neces- 
slnare""^ saHCS, cithcr Stockings, Shoes, Shirts, Clothes and 
fo'FtS^ other supplies than each one shall be found to have 
families. nccd of for himself and family, to which end they 



NEW NETHERLAND. 279 

shall have first to inform themselves thereof, on pain, 
if acting to the contrary, of having such Administra- 
tor's account charged double the excess disbursed, 
and, in addition, himself fined six months' wages. 

Seventh Title. 

Of the Stewards, Quartermasters and of the Rations. 

And, whereas it is necessary on 'a long voyage to JJ^o/iOj"; 
maintain regularity in eating and drinking, for the Jenl^wrtS" 
preservation of health, so shall every one be content issued to° 

■*■ ' *J them, and 

with such Eation as shall be allowed him by the 
Skipper, Commissaries, and Ship's Council, who, so 
far as necessity and circumstances can allow, shall 
adhere to the schedule of the Eations, on pain, if 
anyone put himself in opposition to the fixed Eation 
or be not content with it, he shall be confined four- 
teen days in the ship's galley on bread and water. 

Every one shall be bound to drink every day his ^b^ef/Sfow- 
ration of wine without being permitted to save it or wSe"' 
sell it to any body else, and the ration of him who 
Avill not require to drink it shall remain in the pipe, ^tXIn""" 
and he shall not be at liberty to demand said portion inih^lipe. 
afterward. 

No man shall be permitted to pilfer or secretly f^2Sn|p?S- 
carry off" any wine or victuals, on pain of being '"=""^' °' 
placed in the ship's galley fourteen days on bread 
and water, but the wine and victuals shall be tapped 
and removed by those only who shall be detailed 
thereto by the Skipper and Commissary. 

No person shall presume to throw overboard any J^'^Tief. 
food, whether meat, cheese, bread or other article, on '"'"'^" 
the pretext that it is not good, except by consent 
of the Skipper or Commissary, who shall decidie 
whether the food is good and wholesome or not, on 
pain of being placed each time in the ship's galley 
for eight days on bread and water. 



280 



LAWS OF 



Arms and 
Implements 
to be kept 
clean. 



Arms to be 
inspected 
every 14 
days. 



Powder to 
be turned 
and dried 
every 14. 
days. 



Eighth Title. 
Of the Arms and Ship's Implements. 

All OflScers, soldiers and sailors shall be bound to 
take care that the arms confided to them, be kept 
clean and neat; in like manner all implements, so 
that every thing may be ready in time of need; 
whereunto the skipper, captain, commissaries or 
superior military officers, shall be bound to attend, 
and to make every man show his arms every fourteen 
days, under a fine of one month's wages, to be for- 
feited for each neglect ; whereof the Commissaries and 
supercargoes shall take notice, or, in default thereof, 
themselves forfeit one month's wages. 

The Skippers and Commissaries shall take care 
and oblige the gunners, every fourteen days, to set 
the undermost powder on the top and turn it about, 
and in fair weather, after the fire shall be eflfectually 
put out, it shall be brought up and dried, which par- 
ticularly they are not to neglect, and whenever 
circumstances permit, such to be done on shore 
with greater safety, but taking good care that 
nothing shall be exposed to peril or danger. 



Doty of 
Surgeona. 



Ninth Title. 
Of the Sick, the Barbers and what appertain to them. 

The Barbers, whether on board a ship or ships or on 
land, shall be bound to give their services cheerfully, 
and to use all diligence to restore the patients to 
health, without receiving therefor any compensa- 
tion except their monthly pay, and, in case any of 
them receive any money or promise of payment, they 
shall be obliged to restore what they received, and 
the promise shall be null and void. 



NEW NETHERLAND. 281 

Tenth Title. 

Of Wills, and Property of deceased persons. 

All Skippers, Commissaries, Supercargoes, Assist- Beguiatum 
ants. Secretaries, Notaries, Auditors and others who, '" '^''^• 
as public persons, write Wills, shall particularly take 
care, that they are acquainted with the testators, and 
be careful that they duly comprehend the testator's 
intention, and that, on and in their respective ships 
and places of residence, all the people's Wills be wins to be 

recorded. 

correctly written and registered in a book, and signed 
by the testator and two credible witnesses besides 
the Skipper. 

And in case a soldier marching against the enemy how 
or dying constitute anyone in whole or in part his JJ^i'i^e a?:!* 
heir, the witnesses of such testament or last Will enemy, 

are to be 

shall be bound so to declare on oath, before the p™ved. 
authorities of the garrison or garrisons where they 
first arrive, and have the said declaration recorded as 
the Will, by those who register the people's wills 
there. 

In like manner all clothes, jewels, money, obliga- J7°,p^f^ga 
tions and other property, shall be duly inventoried t 
and recorded in the same book, and the books annu 
Silly sent over. 

But no widows or heirs shall be permitted to ^f|f/„^p^|,t 
demand payment of any money proceeding from the plrso°nSiof. 

.,111 -1 to be paid 

sale of the deceased's property, until the books and ^eulemeS?^ 
accounts or other suflScient vouchers shall come over, aSoSll*be' 

made. 

from which can be determined what moneys have 
been realized and received from the sale of the prop- 
erty, and It appear that the debtors of the deceased 
have still so much due them from the City as it 
might amount to. 

' To which end all the City's commissaries and o^^^^^^'g^ 
Book-keepers, are ordered to allow anyone to pur- iSouS? 
chase the effects at public Sale, who has at least an c&ra.'""'' 

36 



lersona to 
nven- 
loried. 



282 



LAWS OF 



To What 
extent the 
City of 
AJHStevdam 
will be lia- 
ble lor the 
proceeds. 



Bequests 
and lega- 
cies to be 
entered in 
the account 
only as a 
memoran- 
dum. 



equal amount due him by the City, and they are 
to enter the same immediately on the purchaser's 
account, and most distinctly and correctly enter 
apart on a book each item and the names and sur- 
names of each purchaser, and, in default thereof, any 
accruing loss shall be deducted and subtracted from 
such commissary's and book-keeper's monthly wages. 

Without, however, the City, on that account, mak- 
ing good or paying the promised purchase-money 
farther than the purchasers have to their credit on 
the account ; the heirs of the deceased or other inter- 
ested parties shall themselves run the risk. 

But the moneys which one shall by Will bequeath 
to another, or the legacies left to the poor or others, 
shall be placed both to the debit of the deceased and 
the credit of the legatee, only as a memorandum, 
without carrying out any amount. 



Dire, cards 
and gam- 
bling imple- 
nienta not to 
be bruuffht 
ou board. 



Penalty. 



Wagers not 
recovera- 
ble if lost; if 
won, to be 
refunded. 



EtjEventh Title, 

Order relative to divers Offenses and disorders occur- 
ring on the Voyage. 

Aud, whereas many misfortunes occur through 
gambling and diceing, no person shall bring or make 
on board any dice, cards, or any other implements or 
gaming, on pain of being placed eight days in irons, 
on bread and water, or even use them on pain of 
forfeiting twenty stivers for the first offense, and, in 
addition, to have the gaming implements thrown 
overboard, unless the Skippers or ship's Council 
should permit something of the sort for pastime. 

And whatever the one should happen thus to win 
from another in the forbidden game, or by betting, 
during the voyage, the loser shall not be obliged to 
pay, and, having paid it, the winner must restore it 
or let it be deducted from his monthly wages, and 
both the winner and the loser shall pay a fine at the 



NEW NETHERLAND. 283 

discretion of the ship's Council, or otherwise be arbi- 
trarily punished, as hereinbefore stated. 

If any one get drunk on board the ship or on shore, ^™^J{y;^. 
he shall for each offense be placed fourteen days in ^^f^^; 
the ship's galley on bread and water, and in addition 
be punished according to the circumstances of the 
case; and those of the cabin found drunk shall 
suffer double punishment each time, or commute the 
same with three months' pay. 

If anyone quarrel or strike with the fist he shall ^"^^tg 
be placed three days in irons on bread and water, kSfeS?" 
and whoever draws a knife in anger or to wound or wound; ana 
do any iierson bodily injury, he shall be nailed to 
the mast with a knife through his hand and there 
remain until he draws it through, and if he wound 
anyone he shall be keel-hauled, forfeiting neverthe- 
less six months' pay. 

If any person kill another, he shall while living be ror murder. 
thrown overboard with the corpse, and forfeit all his 
monthly wages and booty. 

No one shall be at liberty to go with fire or a light NoAreoi- 

•' ^ ^ cnndlestobe 

into the hold, the ship's buttery or the powder maga- u^poVSe? 
ziue, or use any fire or candles except by per- ^^s"^'"^- 
mission of the Skipper and Commissary, on pain 
of being whipped with cat-o-nine-tails through his Penalty. 
quarters, and moreover arbitrarily punished accord- 
ing to the circumstances of the case. 
And in order to prevent the danger of fire, and Tobacco 

^ o ' not to be 

the trucking which arises from bartering tobacco and smokV"" 
drink, no person soever shall sell or barter tobacco, Jf^/Yiia 
or make use of the same except during the day, with mft"™'^ 

forward 

the consent and permission of the skipper and com- '^<^^- 
missary, and then only on the forward deck or before 
the mainmast, on pain of being placed in the ship's 
galley four days on bread and water. 
Further, every one without any exception is for- Nomatchea, 

'' J c candles or 

bidden to make use of, or carry with him any burning clUea^ 



284 



LAWS OF 



about, 
except on 
service, and 
with per- 
mLssion. 



Sentinels 
not to allow 
any one to 
come on 
board unless 
by permis- 
sion. 



matches, candles, or other fire however named, unless 
in his oflScial duty and ship's service, and then with 
the knowledge of the officers, on pain of being con- 
fined eight days in irons, and in addition forfeiting 
one month's pay. 

And the sentries shall not allow any person to 
come on board, either by night or by day, unless by 
consent of the skipper or commissary, on pain of 
bodily punishment. 



Skippers 
to enforce 
Keg:ula- 
tions. 



Civil 

cases to be 
promptly 
decided and 
disposed 
of, and 



Judgment 

impartially 
executed. 



Penalty 
lor neglect. 



Prisoners 
to forfeit a 
month's pay 
for every 
day they 
are in Irons. 



Twelfth Title. 

On the maintenance of these Articles, and the execution 
of all Sentences ; also of the Provosts. 

Skippers, Commissaries, also all those who admin- 
ister Justice, shall be bound to take care that all 
Articles and Ordinances contained in these Instruc- 
tions, be well and fully obeyed, maintained and the 
violation thereof effectually punished as they deserve. 

They shall not allow any Civil cases to remain open 
and undecided, whether these concern the City, Jus- 
tice or any other party in particular, but shall be 
bound to dispose thereof by judgment or settlement, 
the money fine inclusive, on pain of forfeiting two 
months' wages for every action which each person 
might, or, by virtue of his oflBce, ought to have 
attended to. 

"Which judgment shall be executed without simula- 
tion or delay by the Provost or whomsoever may be 
appointed thereto, and if any one rebel against it, or 
oppose the carrying out or execution of the judg- 
ment or sentence, he shall forfeit four months' wages 
and be in addition corporally punished. 

And whosoever shall be confined in irons shall for- 
feit as many months' pay as he shall have been set 
days therein, which shall be deducted on the payment, 
which the Commissaries or Supercargoes shall debit 



NEW NETHERLAND. 285 

in their accounts, or, if they neglect, shall be deducted 
from their own pay. 
If anyone furnish the prisoner either meat, drink penalty for 

'• furnishing 

or anything else, he shall forfeit a month's wages, Sn'lJs'"' 
and be confined eight days in irons on bread and 
water. 

And in order that the Provost, or he who may be ^|°y^|J^° 
appointed thereunto, may perform his duty with wonlf/bta 
authority and power, all naval and military officers 
shall be bound to assist him ; and no one shall pre- 
sume to prevent him apprehending, much less assist 
the prisoner, on pain of corporal punishment. 

Thteteenth Title. 
Wliat regards the Soldiers in 'particular. 

The Skippers and Commissaries shall not have be"r?St'eci 

power to place the Soldiers under arrest without the mZ^lt . 
^ ^ their Ota- 

ad vice of their captam or other superior officer. <=«'«• 

And all matters which relate to War or Soldiers ^JJ""""' 
shall be treated and disposed of by the Council of 
War, that is, by the Skipper, Captain, if there be one, 
and yet another superior Military officer, or else the o^^^^^^g 
Sergeant, who shall rank next to the Commissary and <""^p°^^^ 
Pilot ; but when the Companies are formed on board 
the ships, the Captains, Lieutenants, and Ensigns 
shall appear in the place of the Sergeants, in the 
Naval or Military Council. 

And in case a Military officer happen to die on the ^^'J„ 
outward Yoyage, or to behave so as to be deposed 
from his office by the General court martial, the 
aforesaid Council of War shall appoint in the place of 
the reduced or deceased officer, another whom they 
shall find most fit and who shall have best behaved 
and acquitted himself in the City's service. And this 
Article shall be in force only at sea. 

All Military Officers and Soldiers, and when neces- A^'ii'lJI"™- 
sary all others in the City's employ, shall, without '^'^"^'^' 



286 



LAWS OF 



To work 
iLt erecting 
Fnrts and 
public 
works, 



Without 
extra pay. 



Arms 
charged 
to those 
receiving 
them, and to 
be credited 
when 
returned ; 



To be kept 
clean and to 
be Inspected. 



No person 
to injure 
Inhabitants 
of New 
Nctlierlxind, 
whether 
Christians 
or Indians. 



any exception, be bound, for tlieir own security and 
defense as well as for the service of the High and 
Mighty Lords States General, the said City and on 
the order of the Director, Commissary, Captain and 
Council, as well as of all others in authority and 
command over them, to labor at erecting and repair- 
ing of Forts, Batteries, Trenches and other works, 
without receiving therefor, in addition to their fixed 
pay, any thing more than free board during the time 
they work, unless the aforesaid Director, Commis- 
sary and Council of New Netherland (who shall allow 
it, and not any other inferior or subaltern ofiScer) 
might for some valid reasons and considerations 
deem it proper to allow the workmen something 
additional as a reward, wherein they shall not exceed 
moderation. 

Every one shall be charged with his arms and 
have their cost deducted from his monthly wages 
received from the City, but he must change arms 
when so ordered by the Director, Commissary or 
even his Captain or superior Military officer, and his 
arms shall be taken back from every one, on his 
returning home or happening to die, and credited on 
his account. Commissaries and Supercargoes shall 
pay attention thereto, on pain of reimbursing the 
same from their own pockets in case of neglect. 

All soldiers and military officers shall keep their 
arms clean and neat, and must, as before stated, 
exhibit them once a fortnight to their superior officer. 

No military officers, soldiers, or generally any 
other persons of what rank or quality they may be, 
in the service of the City, shall, except by consent 
and express command of those having authority over 
them, be permitted to do any injury, or commit vio- 
lence in any manner, either to the persons or prop- 
erty, wives or children of the Inhabitants of New 
Netherland, whether French, English or other Chris- 



NEW NETHERLAND. 287 

tian Nation, or to the Natives of the Country ; and, 
furthermore, they must regulate themselves in all 
things like others in the service of the City, accord- 
ing to the General Articles, Instructions and Ordi- Laws 

^ already 

nances already issued, or still to be enacted by the h^reXv" 
City, or by the Director, or Commissary and Council, beSeyed." 
so far as the same may apply to them, on pain of 
being corporally or otherwise punished and fined, penalty. 
according to circumstances pursuant to the tenor of 
said Articles. 
Whenever the City shall deem it expedient that the «nd tSr" 

own Jood 

officers, soldiers, 'sailors, and all others in New Nether- ^^^^l^lf^^ 
land, find themselves in food, either wholly or in part, Siued!'' 
they shall be bound, without any gainsay, willingly 
to accept and obey the regulation, on such terms and 
conditions as is already or shall yet be enacted. 

• FOTJETEENTH TiTLE. 

Oftvliat relates to the Colonists and other Free persons 
who are going over. 
Colonists, Tradesmen and other free Merchants, Powder, 

guns or 

shall not be at liberty to carry with them, under any Soli^of wi' 
pretext whatsoever, any Munitions of War, such as ™i"to ^ 

'■ ' .1 • Indians. 

powder, lead, guns and other arms, to sell or barter 
them in New Netherland to the Natives or Indians 
there, on the fine of quadruple the value of the con- penalty. 
traband goods which might be sold or bartered by 
them. 

And, therefore, every one must, if needs be, submit CMes, 
to a proper inspection and examination of his Chestsi 
Cases, Casks and other packages, before he be able to 
go ashore. 

The aforesaid Colonists and Tradesmen who shall b?m'd ¥0 
be transported at the expense of this City, shall yeS-TPn* 

*- *^ iVeiy Neth- 

be bound to remain in its Colonie for the term of "*""'■ 
four years, unless for pregnant reasons, and unless 
they shall have paid and made good to the City 



Casks, 
&c., to be 
inspected. 



288 



LAWS OP 



Tlnlesg they 
before the 
expiration 
of that lime 
pay ad- 
vances 
niitde to 
them. 



Colonists 
not to sell 
supplies 
issued to 
tbem from 
the public 
Store. 



"Within the aforesaid time the disbursement it incurred, 
both in conveying over themselves, their families and 
furniture, and in supplying them from the Store there 
on account of the said City Tvith provisions and other 
necessaries of clothing and farming implements. 

None of the Colonists and other persons going over 
there shall be at liberty to dispose of, barter or sell 
the goods and necessaries which will be issued as 
supplies to them on account, from the City's Store in 
New Netherland, on pain of having quadruple the 
value thereof charged to their account, and no more 
goods issued to them. 

On this day, the 9th December, 1656, have the 
Officers, Soldiers, Matrosses and Freemen, about to 
sail in the ship Prince Maurits to New Netherland, 
after the aforegoing Instructions had been read to 
them, taken the proper Oath at the hands of Mr. 
Laniber Beyns, Schout, in presence of Messrs. Robert 
Ernst and Joachim Rendorp, Schepens. 
To my knowledge, 

KoKVBK, Secretary. 



NEW NETHERLAND. 289 



ORDINANCE 

Of the Director General and Council of New Netherland regulating 

the Currency. Passed 3 January, 1657. 

[N. Y. Col. MSS. Vni. 383; XVI. 98.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who see or hear these Presents read, 
Greeting, make known. 

Wheeeas they, to their great regret, are by their pieamwe. 
own experience daily informed, and by the manifold 
complaint#of Inhabitants and Strangers importuned, 
respecting the great, excessive and intolerable dear- 
ness of all sorts of necessary commodities and house- 
hold supplies, the prices of which are enhanced from 
time to Jime, principally, among other causes, in 
consequence of the high price of Beaver and other 
Peltries in this country beyond the value, which, 
by reason of the great abundance of "Wampum, is ^^^^^^^ 
advanced, to ten, eleven and twelve guilders for one '^^^^p'"^ 
Beaver; And Wampum being, for want of Silver 
and Gold coin, as yet the most general and common 
Currency between Man and Man, Buyer and Seller, 
domestic articles and daily necessaries are rated 
according to that price, and become dearer, from 
time to tiuie: the rather, as not only Merchants, but 
also, consequently, Shop-keepers, Tradesmen, Brew- 
ers, Bakers, Tapsters and Grocers make a diffference 
of 30, 40 @ 50 per cent when they sell their wares 
for Wampum or for Beaver. This tends, then, so far 
to the serious damage, distress and loss of the com- 
mon Mechanics, Brewers, Farmers and other good 
Inhabitants of this Province, that the Superior and 
inferior magistrates of this Province are blamed, 
abused and cursed by Strangers and Inhabitants, 
and the Country in general receives a bad name, 

37 



290 



LAWS OF 



Prices of 

uecessarlea, 

and 



Of Beaver. 



« 
Wampum 
declared 
to be mer- 
chandise in 
wholesale 
trade; 



■When 
TiBeda3 
currency 
to be rated 
according to 
the price of 
Beaver, and 



while some greedy people do not hesitate to sell the 
most necessary eatables and drinkables, according to 
their insatiable avarice, viz, the can of Vinegar at 18 
@ 20 stivers ; the can of Oil at 4 @ 5 guilders ; the 
can of French wine at 40 @ 45 stivers ; the gill of 
Brandy at 15 stivers, and two quarts of home brewed 
Beer, far above its price, at 14 @ 15 stivers, &c., 
which the greater number endeavor to excuse on the 
ground that they lose a great deal in the counting 
of the Wampum ; that it is partly short and partly 
long ; that they must give 11 @ 12 and more guild- 
ers before they can convert the Warnpum into 
Beaver. 

The Director General and Council aforesaid, wish- 
ing, therefore, to provide herein as much as lies in 
their power, have, for the good and advantage of 
their Inhabitants, after divers serious consiierations, 
propositions and debates held at various times, not 
been able to discover any better expedient, than to 
declare Wampum a commodity and merchandise in 
the matter of commerce and wholesale trade; to wit, 
only among those who import it from abroad, or 
trade it in this Province with Indians for Furs ; but 
inasmuch as, for want of Silver and Gold coin or 
other pay. Wampum must, in smaller quantities, 
serve as currency between Man and Man, Buyer and 
Seller, the Director General and Council aforesaid, 
have determined, resolved and Ordained, as they do 
hereby resolve and Ordain to rate Wampum, and as 
far as is possible to cause it to be rated at the value 
of Beaver, the Beaver being still reckoned, until fur- 
ther Order and advice from Patria, at Eight guilders 
and no higher. 

And in order to prevent in future the complaints 
of miscounting of the Wampum, with regard to 
which no few mistakes have been experienced, to the 
loss of the Hon"* Company's Treasury; also, the 



NEW NETHERLAND. 291 

taking out of short or long Wampum, if it be but 
good, even and well strung, the Director General 
and Council further Ordain and command, that, from 
this time forward, after the publication and posting 
hereof, Wampum shall not be paid out or received, 
between Inhabitants and Inhabitants of this Province, 1^^^°^^^ ^„ 
even for merchandise or for contracts made before mSft!'' 
this in Wampum, by the tale or stiver, but only by a 
stamped measure, authorized to be made and stamped 
for that purpose, by the Director General and 
Council, the smallest of which measures shall be v^Jj*^ 
five stivers; the whole ten, and the double 20 ™^'^"''^- 
stivers. 

And if it should come to pass that the price of the ^^^"'^"e";^. 
purchased or sold article should not amount to, or sltiAtZ 
equal half the smallest measure or 2J stivers, the 
Director General and Council, iu order to prevent 
cavilling and disputes, do order and command that 
the Receiver or the Payer, shall satisfy or make 
up the smallest fraction under or over 2J stivers, by 
the tale; each white Wampum bead being reckoned ^={;;'t|°^a 
at half a farthing, and each black bead' at one wfm'^iSn 

. beads. 

farthing. 

And in order that no one may plead ignorance 
hereof, the Director General and Council order and 
command that these Presents shall be published, and, 
after publication, observed, executed and obeyed, 
everywhere within this Province of New Netherland, 
under a fine of 50 pounds Flemish for the first time, ^^'^^^^■*°'^ 
and double for the second time, to be forfeited by ♦"^Law. 
such as shall be found, after the publication and 
posting hereof, to have paid out or received any 
Wampnm by the tale, or any other measure than 
that Ordained and stamped by the Director Gen- 
eral and Council; such fine to be applied as it 
ought. 



292 ' LAWS OF 

Thus done in the Assembly of the Director Gene- 
ral and Council holden in Fort Amsterdam, in New 
Netherland, the 3 January, A° 1657. 

Note. — The following is an extract of the dispatch of the Directors 
at Amsterdam, on the subject of the above Ordinance : 

" We do not consider out of place the reasons you adduce in support 
of the Edict you have drawn up on the subject of reducing the value 
of the Wampum, or circulating it by measure, and therefore would 
be wUling to confirm it, in case the magistracy and some of the 
principal merchants there would be content with it, whose advice on 
the subject can be received, and with their consent it can be put in 
force there. To this end we herewith send back the aforesaid Edict, 
after having made a few alterations, our meaning being in aU events, 
that the Wampum should not be rated or issued by us at any higher 
value than in New England. 

"And as we have observed that in similar Ordinances and Edicts 
you simply use the name of the Incorporated West India Company 
without adding thereto the words : At the Chamber of Amsterdam : 
We have therefore thought it necessary hereby to command you not 
to neglect to employ them on all future occasions." Directors to Stuy- 
vesant and Council, 22 Dec. 1657. JV. Y. Col. MiSS. XII. 69. Tr. 



RESOLUTION 

Suspending the preceding Ordinance. Passed 9 January, 1657. 
[N. T. Col. MSS. Vm. 395.] 

Preamble. NOTWITHSTANDING the regulation of the Wam- 
pum is necessary, as more fully set forth in the here- 
inbefore Ordinance to that effect drawn up, yet in 
order to act with moderation, the Director General 
and First Councillor have called before them at the 
City hall of this City, the Burgomasters and Schepens 
and some of the principal Inhabitants to hear their 
opinions touching the regulating of the Wampum. 
Who having appeared and the regulation of the 
Wampum being submitted to them, they unanimously 
requested that the Ordinance prepared for that pur- 
pose may be suspended for the present time, until the 
Wampum that is here at present in great abundance 
may be somewhat reduced by exportation. 



• NEW NETHERLAND. 293 

The request being taken into further considera- ^^^°<.| 
tion by the Director General and Oouncil of New »>^p«°d«'»- 
Netherland, it is resolved to suspend the aforesaid 
OrdiJiance for the present, until the "Wampum be 
somewhat reduced in quantity. 

Done, Amsterdam in New Netherland, the 9 Jan- 
uary, A" 1657. 



ORDINANCE 

Of the Vice-director of Fort Casimir for the removal of Abuses in 

the Indian Trade at the South Eiver. Passed 10 January, 1657. 

[T. N. Col. MSS. XVm.. 23.] 

The Hon"'® Vice Director Jaquet, seeing and i*r«amwe. 
remarliing the great Irregularities and Abuses here 
daily committed by some Inhabitants residing near 
and around Fort Casimir, in running after, going to 
meet, and seizing the Indians, principally whenever 
they have any Goods with them, for which reason 
the trade in some Peltries is greatly enhanced to 
the serious lass of the Commonalty, and worse is 
yet expected; in like manner also the Ordinances 
already enacted on the subject of the Trade are 
again by such conduct nullified and broken, and the 
good design for the prosperity of the Commonalty 
again brought to naught. Therefore, the aforesaid 
Mr. Jaquet, aiming at the public peace and the 
welfare of the people here, and as much as possible 
to prevent all disorder, hath interdicted and for- 
bidden as he doth hereby interdict and forbid, all and 
every the Inhabitants residing on this South river inhabitants 

•' * of the Soum 

be they who they may, from attempting to repair to p'ToThV 
the residence or resort of the Indians or Natives cSul?t?yto 

trade, or 

of this Country, or to go either up the Eiver or down fSS?"" 
the Eiver, or to the Minquas or elsewhere, whereso- vw^.^F 

-* Casimir 

ever it may be; or to go to meet the Indians coming ^^^'^ 



294 LAWS OF • 

by water or by land here or elsewhere by the bouses 
of Christians, t?) lay hold of them or to call them in, 
but to' allow said Indians free passage wherever they 
Penalty. may please to go with their goods, and that on the 
forfeiture, for the contra veners of the Peltries, so 
traded, and in addition to be arbitrarily corrected at 
the discretion of the Judge. 

Thus done and enacted in Fort Casimir, on the 
day and year aforesaid. 



ORDINANCE 

Of the Director General and Council of New ITetherland for the 
Fencing of private Lands, and authorizing the cutting of Firewood 
and Timber on unfenoed Lands. Passed IG January, 1657. 
[N. T. Col. MSS. Vni. 411 ; XVI. 101.] 

The Director General and Council of New Netlier- 
land, 

To all those who shall see or hear these Presents 
read, Greeting, make known. 
Preamble Whbreas mauy complaiuts have lately been pre- 
sented to us of the chopping of Firewood and cutting 
of Timber on lands claimed by divers of our Inhabit- 
ants in virtue of Patents, the principal reason and 
cause of which are that many land-graspiug Inhabit- 
ants of this Province have received, several years ago, 
many and large tracts of laud on Letters patent from 
the Director General and Council, on the express con- 
dition to cultivate and improve them, which lands 
many Inhabitants have, for several years, allowed to 
lie, and which still lie unfenced, unimproved, yea, 
wild and waste, without making any improvement or 
bestowing any labor upon them, merely claiming and 
retaining them by virtue of the obtained Letters 
patent. Not only is the Hon"® Company defrauded 
and curtailed in its Eeveuue, and the settlement of 



NEW NETHERLAND. 295 

the Country delayed and postponed hereby, but some 
of our Inhabitants who seek to earn an honest liveli 
hood for themselves by chopping and cutting Fire- 
wood and Timbei:, are frequently prevented and 
hindered in their design by those who, in virtue of 
Letters patent, lay claim to such lands without 
improving and cultivating them, whence many quar- 
rels and disputes have, at divers times and places, 
arisen between Inhabitants and Inhabitants. 

In order to prevent this as much as possible, the ^jjf£'^^ 
Director General and Council aforesaid do, therefore, *°""'^ 
again Ordain and Command that all those who, in 
virtue of Patents or Deeds, claim any Lands, shall 
properly set off and fence them in, so that the Direc- 
tor General and Council as well as the Inhabitants 
may know and see what lands have been granted 
and what remain still to be granted. 

And the Director General and Council aforesaid do fi'lig|^°°» 
hereby declare and Ordain that none of our good wpo'dSd^ 
Inhabitants shall be hindered or prevented to chop ^^^ 
Firewood or cut Timber on unfenced Lands, where- 
ever it shall best suit the convenience of the Inhabit- 
ants, on pain of legal proceedings being instituted 
against those who will have hindered or prevented 
the same. 

Done at Fort Amsterdam in New Netlierland the 16 
January, A" 1657. 



296 



LAWS OF 



OR-DINANCE 



No person 
to keep 
Tavern or 
Alebouse 



Without 
giving 
notice to 
the author- 
ities, 



Entering 
his Stock, 
and 



Paying the 
SxclBe. 



Of the Director General and Council of New Netherland obliging 
Tavernlieepers to take out Licenses, arid to pay Excise. Passed 
23 January, 1657. 

[N. T. Col. MSS. Yin. 425 ; XVI, 103.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who shall see or hear these Presents 
read, Greeting, make known. 

That they are informed and told that divers per- 
sons, as well within the City as on the Flatland in 
the villages and hamlets of this Province, undertake 
and presume to open Taverns, Alehouses and to sell 
Beer and Wine by the small measure and to continue 
so to do without having applied for, or received any 
License from us or from those by us authorized, 
which is contrary to the good order and police of 
our Fatherland. Beside that, such Tavernkeepers, 
Tapsters and Eetailers of Wine, Beer and distilled 
Liquors are opposed to, and refused to pay and 
satisfy the usual Excise imposed on the consumption 
of Wine and Beer. 

In order to prevent this, the Director General and 
OouncU of New Netherland do hereby Ordain that no 
person within this Province shall attempt to keep 
any Tavern, Alehouse or retail any Beer, Wine, 
Brandy or distilled Liquors by the small measure, 
before and until he hath applied to and notified the 
Director General and Council, or their deputies, to 
wit, the subaltern court of the Village to which he 
is subject, and, in addition, hath entered with the 
Farmer or his collector the Beer, Wine, distilled 
Spirits or Liquors to be laid in and consumed by 
him, and thereon paid, for the behoof of the public, 
the usual Excise imposed thereon by the Director 
General and Council and publicly let to the highest 



NEW NETHERLAND. 297 

bidder, whereof Warnacr Wessels is the Farmer for 
the current year, and Jan Theunissen is, with the 
consent and approbation of the said Director General 
and Council, his Collector for the town of Flushing 
on pain of forfeiting the Wine, Beer, Brandy or 
distilled Liquors and five times the value thereof in Penalty. 
case any Tavernkeepers, Tapsters or retailers are 
found to have smuggled or laid in any Beer, Wine, 
Brandy or distilled Liquors without entry or Excise 
permit, and 25 guilders additional, for the first 
ofiense, to be forfeited by those who attempt tapping 
or retailing of Wine, Beer or distilled Liquors by 
the small measure without having demanded and 
received a Permit or a License therefor from the 
Director General and Council or their qualified sub- 
altern Magistrates : the fine to be applied one-third rmea, how 

^ •*■-*- to be dls- 

for the Officer who shall make the complaint, one- '^'""'e'l- 
third for the Farmer [of the Excise] and one-third for 
the public. 

Thus done in the Assembly of the Director General 
and Council holden in Fort Amsterdam in New Neth- 
erland, the 23 January, A° 1657. 



38 



298 LAWS OP 

ORDINANCE 

Of the Director General and Council of New Netherland establishing 
Great and Small Burgherright in New Amsterdam. Passed 30 Jan- 
uary 1057. 

[N. T. Col. MSS. Vin. 437.] 

Preamble. The Dircctor General and Council of New Nether- 
land liaving taken into consideration the exhibit of the 
Burgomasters and Schepens of this City of Neiv Am- 
sterdam in New Netherland, wherein they remonstrate 
on the one hand the trouble, labor, burthens, expedi- 
tions and watchings which the Burghers of that City 
have supported, borne and sustained in the last 
national quarrel with the neighbors ; also in the sad 
and unexpected rencounter with the Natives, and what 
they, as the principal Frontier and Capital are exposed 
to more than others ; on the other hand, the repeat- 
edly made complaints of the Burghers and of other 
Inhabitants of this Province against the trading and 
traflScking of the Scotch, who go hither and thither by 
water into the interior, even to the best trading places, 
taking as it were the bread out of the mouths of the 
Burghers and resident Inhabitants, without being 
subject, like the Burghers and settled Inhabitants, in 
time of peace or war, to any trouble, expense, labor, 
expeditions or watches, except that, in time of peace 
they carry oif the profits, and in time of war desert 
the Country and its Inhabitants, against which the 
Burgomasters and Schepens request some more exten- 
sive favor, privilege and freedom. 

The Director General and Council of New Nether- 
land, having taken the premises into serious con- 
sideration, being sufiiciently informed by their own 
experience of the truth and justice of the case, have, 
on the petition of the Burgomasters and Schepens, 
with the approbation and ratification of the Lords 
Patroons, and by their advice and Instructions dated 



Burgher 
ri^bt. 



NEW" NETHERLAND. 299 

12 March, 1654,* provisionally condescended, apos- 
tilled, privileged and granted that from now hence- l^r^'^'^g'^^"* 
forth the Scotch and Traders who come over, shall, 
by virtue of the Stapleright and pursuant to the 
Orders and Instructions of the Lords Patroons, be 
bound to set np and keep in a house or room hired ^^J;,^,?p 
or owned by them, an open Store within the gates AZ%'rdam 

and take 

and walls of this Oity, before selling or removing ^^Ji^^f^ 
their Goods and Merchandises, and to ask previously 
of the Burgomasters and Schepens aforesaid, for the 
Common or Small Burgherright, to enable them so to 
do, for which they shall pay once Twenty guilders for 
the behoof of this Oity and the support thereof. In 
like manner, also, in virtue hereof, the Burgomas- 

-;; «' 'With regard to the Edict drawn up by you*, that no Traders shall 
sell their Merchandises by the small measure, weight and ell, or con- 
vey them into the interior, unless they settle in the country with a 
decent house or bouwery, and reside there three consecutive years, 
we can well consider that such transient Traders are bringing by 
their extortion little profit to the Inhabitants there ; but the remedy 
your Honors propose to prevent it, we judge to bo impracticable, 
especially in the very beginning of a first-budding State, whose growth 
must be sought for in, and founded rather on, fostered and unlimited 
Freedoms, than on compulsory restrictions. For, to desire to constrain 
people by obligation to possess houses or lands, who often have there- 
unto neither opportvmity nor inclination, is too disgusting, and to 
force them to reside, too servile and slavish, yet, in order to benefit 
the Inhabitants as much as possible, we have judged that it would be 
proper and also less dangerous to the advancement of the State, to 
enact and resolve as follows, viz. ; 

That henceforth no Traders coming over there, shall be allowed to 
sell their Goods as aforesaid, or to carry them inland, unless they 
keep an open store there. By this means then, not only will extor- 
tions be in a great degree prevented there, but such Traders will 
also be obliged to bear the ordinary and extraordinary Taxes and con- 
tributions, the same as the rest of our Inhabitants. Your Honors 
will therefore regulate yourselves accordingly. We will, also, warn 
you, before quitting this subject, not to enact, in future, any more 
such or similar Ordinances or regulations, much less to publish them, 
before you shall have first received our Instructions thereon, as we 
find such to be for the greatest advantage of the Company and this 
State in particular. Directors to Stuyvesant, &o., 12 March, 1654. N. 
Y. Col. MSS. XII. 1. Te. 



* See Law of 18 September, 1618, supra, p. 101. 



300 



LAWS OF 



No trans- 
ient per- 
son to carry 
on any trade 
or business, 
except they 
procure 
Small 
Burfcher- 
right and 
take cer- 
tain oatbs. 



Burgo- 
masters and 
Schepens 
to establish 
Great Bar- 
gherright. 

Fee for 
Great Bur- 
gherright. 

Privileges 
of the Great 
Burgher- 
right, 



Power to 
enlarge and 
Interpret 
tbis Law 
reserved 



ters and Schepens are granted that, from this time 
forward, no Passengers, Scotch, Traders or Handi- 
craftsmen shall be privileged to pursue, within this 
City, any store business or handicraft trade, except 
those who have applied to and received from the 
Burgomasters and Schepens the Small or Common 
Burgherright, and bound themselves by subscription 
or promise of oath, to the Supreme government of 
the Director General and Council, to bear, during 
their stay here in the City, their Taxes, Expeditions 
and Watches, like other Burghers and Citizens. 

Further, agreeably to the laudable custom of the 
City of Amsterdam, in Europe, the Director General 
and Council of New Netherland give and grant, with 
the approval and ratification as aforesaid, to the Bur- 
gomasters and Schepens of this City, the establish- 
ment of a Great Burgherright, for which those who 
request to be therein shall pay 50 guilders. 

And all such, and such only, are in future qualified to 
fill all civil offices and dignities within this City, and 
accordingly they can be brought up for nomination ; 
Secondly, are exempt for one year and six weeks from 
guard duty and expeditions; Thirdly, they are not 
subject to arrest by any subaltern Judges or Courts 
of this Province. 

The Director General and Council reserve to them- 
selves the further amplification and the interpretation 
of any obscurity or misunderstanding hereof. 

Thus done in Council in Fort Amsterdam in New 
Netherland, the 30 January, 1657. P. Stuyvesant, 
Nicasius de Sille, Pieter Tonneman. 



NEW NETHERLAND. 301 

ORDINANCE 

Of the Director G-eneral and Council of New Netherland declaring 
who may be admitted Great and Small Burghers. Passed 2 Febru- 
ary, 1657. 

[N. Y. Col. MSS. Vin. 442: XYl. 105.] 

The" Director General and Council of New Nether- 
land, 

To all tliose who see these presents or hear them 
read, Greeting, make known. 

That they, out of consideration of the good and preamwe. 
voluntary services, expeditions, watches and other 
burthens, which the Burghers have hitherto done and 
borne, and in the hope and confidence which the 
Director General and Council still indulge, of their 
continuance and perseverance therein, have, on the 
humble petition of the Burgomasters and Schepens, 
privileged and favored the Burghers and good Inhab- 
itants of this City, with a Great and Small Burgher- 
right, as can be more fully seen by the grant of privi- 
lege made to the Burgomasters and Schepens, in 
amplification of that already bestowed ; And whereas, 
in all beginnings, something or somebody must be 
the first, so that thereafter a distinction and difference 
may be made, therefore, also, the necessity of such 
distinction being founded on reason, in the establish- 
ment of the Great and Small Burgherright, whereof 
the Burgomasters and Schepens have, by petition to 
the Director General and Council, requested further 
explanation, specification and distinction as to who,, 
and what class are, for the present, to be included in 
the Great, as well as in the Small, Burgherright, the 
Director General and Council of New Netherland, 
invest, qualify, and favor with the Gkeat Burgher- 
right, 

First, thfise who have been, and at present are m lormer 

and actual 

the High or Supreme government of the Country, JSeGw?™- 
them and their descendants in the male line. "^°*' 



302 



LAWS OF 



Former 
mid actual 
Burgomas- 
ters and 
Kchepens, 



Former 
and actual 
Ministers of 
the Gospel, 



Officers 
of the City 
Hegiment, 
and their 
male des- 
condants; 
also, 



All others 
who shall 
pay the 
Bum of Fifty 
guilders, are 
entitled to 
the Great 
Burgher- 
right. 



Those 
who keep 
fireand light 
In the Cityl 
year and 6 
weeks, 
All Natives 
of the City, 

Husbands of 
Native born 
daughters of 
Burghers, 
and 



All who 
keep a shop 
and carry 
on business 
In the City 
of New 
Amsterdam 
and pay 



Secondly, all former and actual Burgomasters and 
Schepens of this City, their descendants in the male 
line. 

Thirdly, the Ministers of the Gospel, formerly and 
at present in office, them and their descendants in 
the male line. 

Fourthly, the commissioned officers to the Ensign 
inclusive, of the City regiment, them and their 
descendants in the male line. All "with this under- 
standing, that the above mentioned gentlemen and 
persons, for themselves or their descendants in the 
male line, have not lost nor forfeited Burgherrighfc 
by absence from the City and by not keeping fire and 
light ; agreeably to the laudable custom of the City 
of Amsterdam in Europe. 

Further, all others who desire and are inclined, or 
hereafter may be desirous and inclined, to be enrolled 
in the Great Burgherright, and to enjoy the privileges 
and benefits thereof, shall, according to the forego- 
ing grant, apply for the same to the Burgomasters 
and receive it, on paying therefor the sum of Fifty 
guilders, Dutch money, or the equivalent thereof. 

With the Small Burgherright are invested and 
favored, 

First, all those who have resided and kept fire and 
light within the City one year and six weeks. 

Secondly, all born within this City. 

Thirdly, all who have married, or may hereafter 
marry, native born daughters of Burghers, provided 
that the Burgherright be not lost or forfeited by 
absence from this City, or by not keeping fire and 
light in conformity as aforesaid. 

Further, all others who either now or hereafter 
will keep any shop, however it may be called, and 
carry on business within this City or the jurisdiction 
thereof, shall be bound to apply to the Burgomasters 



NEW NETHERLAND. 303 

for the Small Burgherright, and pay fherefor Twenty ^yfj^^'y 
guilders Dutch money, or the equivalent thereof. ImaifsSr 

All Servants of the Hon"'" Company under wages, LrvlL' 
also Passengers and New-comers who will settle gju"^^*'"' 
elsewhere, provided they do so within six weeks, Ssewhe"! 
remain alone exempt from applying for Burgher- ^^^^^ 
right, for the exercise of all sorts of handicraft and 
the practice thereof. 

The moneys arising from the receipt of the Burgh- JJ^j^^^ifor 
erright shall be received by the Burgomasters, and Sghffhow 

'^ "^ ° tobe 

by them expended principally in the strengthening appuca. 
and circumvallation' of this City. 

In order that all this may be the better and more ^'^f^;, ^^ 
regularly practiced, observed and obeyed, the Burgo- Stu^o?"' 
masters are ordered and authorized to make out, or smaii Bur- 

' ghers, aad 

cause to be made out on the first, and all following 
occasions, correct Lists of those who, according to 
the tenor hereof, are invested, qualified and favored, 
either with the Great or Small Burgherright, and of 
those hereafter who obtain and receive the same, and 
have a true Register thereof made, and when done, ^(fpP??{,'ereof 
deliver a cooy thereof into the Ofiice of the Secretary I," tSlsil:'™ 

* retaryofthe 

of the Director General and Council. province. 

Thus done, resolved, resumed and enacted in the 
Assembly of the Director General and Council of 
Neiv Netherland, holden in Fort Amsterdam, in New 
Netherland, the 2 February, A° 1657. 



304 



LAWS OF 



ORDINANCE 



Preamble. 



Inhabit- 
ants of 
JBreuckelai 
assessed, aa 
In the list 
Bubjoined 



Court 
Messenger 
to notify 
persons 



To pay 
haif tljelr 
Tax In 8 
days, and 



The remain- 
der next 
May. 



Of the Court of Breuckelen imposing an Assessment on that Town 
to pay the salary of the Ilev. Mr. Polhemius, &c. Passed 7 
February ; Approved 13 February, 1657. 

[N. T. Col. MSS. Tm. 463.] 

Whereas the Village of Brueclcelen is taxed by 
the Director General and Council, but finally with 
our general consent and agreement, with the sum 
and charge of fl.300, provisionally for this year, as a 
supplement of the promised salary and yearly allow- 
ance of the Eev. Minister D® J. Theodorus Polhemius, 
therefore have we, of the Court of Breuclcelen, to raise 
said sum of fl.300, in the easiest manner, assessed 
and taxed each person, inhabiting Breuckelen and its 
dependencies, as is hereunder more fully set forth 
and to be seen, all according to our conscience and 
opinion in easy circumstances and well off; wherefore 
Symon Joosten, our Court messenger, is hereby ordered 
and commanded, on sight and receipt hereof, to repair 
to the undermentioned and named persons, and to 
notify each of them of their Assessment and Tax, and 
that each, for himself in particular, shall be bound 
within eight days from now, to bring in and to deliver 
into the hands of Mr. A. Cornelissen in Breuclcelen, 
the half of his Assessment, either in Wampum or 
Country produce, such as Corn, Wheat, Peas, Maize, 
&c. That then all shall be credited and correctly 
entered, at the current price, on each one's account 
and assessment ; the remaining half must be paid 
next May, of the present year, Anno 1657, in order 
to be able at that time to satisfy and give content- 
ment to the said Polhemius. 

Thus done and enacted at the Court held at 
Breuclcelen, with the previous approbation of the 
Director and Supreme Council in New Netherland, on 
Wednesday the 7 February, A° 1657. 



NEW NETHERLAND. 305 

Persons and Inhabitants of Breuclcelen and unto The 

Ferry, 

Albert Cornelissen hath promised for this Taxnatof 

jeai, U.,i.ii pcmi! 

Joris Dirclvsen, in like manner, 12 

Jan Bversen's farmer, named Bartel Clasen, 

taxed, 10 

Tbeunis Jansen on Fredrick Lubbertsen's 

land, taxed, 10 

Barent Jansen, 6 

Jan Daeme, 6 

Johannes Nevius at Tlie Ferry, taxed, 15 

Cornells Dircksen, late Ferryman, 10 

Adryaen Huybertsen, 6 

Claes de Meutelaar, 6 

Gerrit the Wheelwright, 8 

Outie, House carpenter, 6 

Jan Martyn, 6 

Egbert van Borstelen, 10 

Louis ; lives at present at the Poor's bouwery, 

but intends to return, 10 

Michiel Tater 10 

Peter Cornelissen, 6 

Elbert Elbertsen, at The Bay, 10 

The smith 6 

Black Hans's land 6 

Total, fl-171 



The persons taxed at the Walelocht are the 

following : 

Joris Eaphallie hath of his own free will prom- 
ised to give and contribute, fl.lO 

Hendrick de Oopsterdt's* land is taxed, 4 

Peter Moelett (say Abram the Turk) 6 

« Quere ? Hendrick, the Cupper or bleederT' Tb. 
39 



Of the 

WatetioM 



806 LAWS OF 

Jan de Olerck, fl.6 

Peter Jansen resides on Lagebergli's land, ... 8 

Peter Montfoor, 10 

Jan Martyn, .* 8 

Gabriel's land (Mr. Paulus Leendersen must 

answer for this), 10 

Peter Meiust, 8 

Aert Theunissen, 8 

Jan the Chimney sweeper, 4 

Nicolas the Frenchman, 6 

Total, fl.88 



Of otm. The taxed Inhabitants at the Gomvanes are these 

toana, 

following and undernamed persons : 

William Bredenbent hath voluntarily promised 

to contribute, fl.l2 

Jan Petersen is taxed, 8 

Barent Bal, in a like sum, 8 

Theunis Niesen, 12 

Adam Brouwer, 6 

Johannis Marcus, 4 

Mr. Paulus, 10 

Total fl.60 



By order of the Schepens of the Court of Breuclie- 
len, with the previous approbation of the Director 
General and Supreme Council in New Netherlaml 
aforesaid. 

(Signed,) Petee Ton]s:eman, Secretary. 

13 February, A" 1657. 

Eatiflcauon. The preceding Ordinance, enacted by those of the 

Court of Breuclcelen, on the date 7 Feb'^', 1657, being 

read and considered in Council, the Director General 

and Council find the same just and equitable, There- 



NEW NETHERLAND. 807 

fore the Magistrates of the abovenamed Village are 
hereby authorized to execute the same, and to proceed 
agaiust the unwilling, as it may be proper. Done, 
Fort Amsterdam in Neiv Netherland, date as above. 



ORDINANCE 

Of the Director General and Council of New Netherland for the 
better Inspection of Tobacco. Passed 30 March, 1657. 
[N. Y. Col. MSS. vm. 4M ; Xn. 108.] 

Whekeas the frauds committed in the sale and preamwe. 
exportation of poor, bad, rotten or withered Tobacco 
have, for a long time past, been publicly known, not 
only in this Country, but divers complaints have 
also been presented and made from Fatherland, to 
wit : that now and again quantities of such poor, bad, 
rotten or mouldered Tobacco have been sent over by 
divers Traders, Factors and Agents of good, respect- 
able Merchants, and charged in account to the prin- 
cipals at 6 @ 7 stivers when it apparently cost here 
scarcely 2 @ 3 stivers, and on arriving cannot realize 
the ship's freight; To prevent this, then, as much 
as possible, the Director General, the Councillor and 
those they have assumed, have, on the advice and 
Instructions of the Hon"'* Directors,* considered it 
right and necessary to subject the Virginia Tobacco 
to inspection as well as that of New Netherland. 
But as experience has manifested and proved that 
inspected good Tobacco, the hogsheads of which 
were, accordin<r to order, on the purchase and receipt, i-^audsof 

c ■*■ . ^ Tobacco 

marked with the customary branding iron, hath been ^"=''™'^ 
subsequently, fraudulently, either changed or mixed 
with inferior Tobacco, and this could again hereafter 
be done, and the absent Merchant be, notwithstand- 
ing, defrauded and the Inspection and Inspector 

»See Letter of the Directors 19 December, 1656. Tb. 



308 



LAWS OP 



Purchase 
and sate of 
Virginia, 
and 



Nef-herUmd 
Tobacco, 
left free. 

But, If 
intended 
for export- 
ation, to be 
inspected at 
the Public 
Store. 



Tobacco 
to be class- 
ified into 



be suspected, the Director General, Councillor and 
those they have assumed to them have, for the 
better information and security of the absent Mer- 
chant, and to save from censure the Inspection and 
Inspector, deemed it best to leave the purchase and 
receipt of the Virginia Tobacco free and unre- 
strained, according to the custom of our Fatherland, 
to the buyer and seller, as they shall agree together 
in regard to the quality of the Tobacco and the 
value of the wares to be exchanged for it, the same 
rule to apply to the New Netlierland Tobacco, in case 
parties can agree together on the delivery thereof. 
But if they wish to export it to Holland, then the 
one as well the other will have to be examined and 
inspected by a proper, trustworthy and sworn person, 
in or in front of the Company's store, before it is 
embarked or shipped. And although the Inspector 
cannot judge, much less know at what price the 
Tobacco is bought or received, or at what price it is 
brought into account with the principals, yet he can 
judge of the comparative quality and grades of 
goodness. It is, therefore, as already stated, thought 
best and most proper, provisionally until further 
advised and instructed by the Hon'"^ Directors, for 
the better information and security of the absent 
Merchant, that three sorts, or distinctions of Tobacco 
be made by the Inspector, and inspected and marked 
in this manner, to wit : 



Vlrfftnia 

Netherland 
Good. 



The first sorts or Hogsheads : 

V. G. which shall signify Virginia Good ; or 

N". G. which shall signify New Netlierland Good. 



Mercbuit . 
able. 



The next qualities : 

Y. M. or N". M. and shall signify Virginia or New 
Netherland Merchantable Tobacco. 



NEW NETHERLAND. 309 

The third quality : 

V. S. or N. S. and shall signify Virginia or New <" po"'- 
Netherland Poor Tobacco. 

The last quality which may not come up to Poor, J°^^?^°f^ 
shall be marked with a cipher, or 0, and shall not be Foor'L'tto 
embarked, or exported except on the Shipper's own f|.°'£^^i™/^ 
account, on condition that, before shipping here, he S'/f?ei|Sf'" 
give sufiBcient security for the ship's freight and other ^"''*"^^- 
charges, if it happen, as is reported, that such con- 
demned Tobacco might not realize in Fatherland the 
freight and other charges. 

In order to prevent further loss to the Skippers or 
Merchants, and to protect the Hon"'* Company's store 
from blame, also to give still more light both to the 
Directors and Merchants, it is further resolved and 
Ordained that, as the shipped Tobacco is inspected 
and marked according to the decision of the Inspect- f Jf^^'e'^t,, 
or, even so shall it be specified and designated in the nafe? iS 
Bills of Lading and Invoices by the Inspector's l^^^^e 
brands, in addition to the Merchant's marks ; and all ^?ta.'°" 
this until further and better Eegulation, as circum- 
stances and experience shall require. 

Meanwhile, are all persons preadmonished and ^y]^^ 
warned not to ship any Yirginia, or Neiv Netherland TobS"^' 

not to be 

Tobacco before and until the same be examined, "^'gp"* 
inspected and marked or branded, in accordance with Mf"**^ 

marked* 

the tenor hereof, by the Inspector to be appointed 
and sworn for that purpose, on pain of forfeiting one penalty. 
pound Flemish for every Hogshead, to be paid as 
well by the Merchant who shipped it, as by the 
Skipper who received it. 

Thus done, in the meeting of the Hon"* Director 
General and Council, holden in Fort Amsterdam, in 
New Netherland, the 30 March, A° 1657. 



310 LAWS OF 



ORDINANCE 

Of the Director General and Council of New Netherland renewing 
the laws for the better Observance of the Sabbath ; against selling 
Liquor to Indians, and Smuggling; prescribing the Anchorage 
ground in the port of New Amsterdam; providing for the safe 
delivery of Letters, and prohibiting Fast driving through the Streets, 
Passed 12 June, 1657. 

[N. T. Col. MSS. Vm. 601 ; XVI. US.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who see or hear these Presents, 
Greeting. 
Preamble. "Whekeas It IS sccu and found by experience, that 
our previously enacted and frequently renewed Ordi- 
nances and Edicts against the desecration of the 
Lord's Sabbath; against Tapping and sitting of 
Clubs after the ringing of the evening Bell at nine 
o'clock; against the sale of Strong drinli, either Wine, 
Beer or distilled Liquors to Indians in houses, or out 
of Yachts, Barks, Sloops, Canoes, or on shore along 
the Elvers; against exporting or importing divers 
merchandises, either out of or into this Province, 
■without these having been duly entered, whence arise 
considerable frauds and smuggling; against anchor- 
. ing, discharging or loading of any Ships, Yachts or 
Barks, beyond the gates and walls of this City, and 
the Hand erected for that purpose, and leaving the 
Ship and going on board after sunset and before 
sunrise; against driving and galloping with Wagons, 
Carts or Sleighs, have all, and many other well meant 
enacted and repeatedly renewed Placards, by lapse 
of time, fallen into desuetude and oblivion ; yea, are 
not observed and obeyed according to the tenor 
thereof. Therefore, the Director General and Conn 
cil aforesaid, again comprehending the necessity of 
them, hereby Ordain, command and renew : 



NEW NETHERLAND. 311 

First, that uo Tjerson, of what rank or nation he no person 

■^ to entertain 

maj' be, shall, within this Province, on the Sabbath, Teulfv^ir, 
or Lord's Day of Eest, by us commonly called Sun- ^^i°^^[.^°^ 
day, or during Divine service, entertain any company, ?fpie''iu?e 
or be allowed to buy, sell, give or receive, directly or flJ?,**''^'"' 
indirectly, under what pretext soever, any Wine, sirv"^ 
Beer, or Strong drink in any Tavern, or perform or 
carry on any handicraft or business, much less go 
or ride for pleasure in Boats, Carts or Wagons, on the 
penalty and fine heretofore afiSxed thereto, and last penalty. 
renewed and here proclaimed in front of the City 
Hall, on the 26 October, A" 1656. 

Secondly, no person shall, directly or indirectlv, Nouquor 

• T • 1 • ■!-» *■ to be Bold, 

withm this Province under any pretext whatsoever, SecH" 
sell, give, or present to any Indians any Wiue, Beer, "'^"'^"'"'• 
or strong drink, either on land or water, from Houses, 
Yachts, Barks, Boats or Canoes; which, that it may 
be the better prevented, no person shall be permitted, 
in accordance with the previously enacted and re- 
newed Ordinance, dated as aforesaid, to wit, 26 Octo- 
ber, A° 1656, to embark, or take with him any Wine, wines 

and other 

Beer, or Strong drink, in any Barks, Boats or Canoes, J^K'^^ 
not even for his own i)rovision, unless he have previ- Beif,i^^' 

entered. 

oasly entered the same with the Officer of the place 
where he embarked it, and that, in its true quantity 
and quality, on pain of forfeiting what is smuggled, penalty. 
and five times the value thereof, he remaining bound 
to exhibit, on his return, a receipt of delivery of the parties to 
entered and embarked liquors, agreeably to the Ordi- p^p^^for 
nance thereupon published and renewed as aforesaid, dXe?ed. 
dated 26 October, A" 1656. 

Thirdly, the Director General and Council hereby uotjoodsto 
renew. Ordain and command, that no person shall Sniraspr'(?* 
ship or embark, much less carry out of or within this Staldana 
Province, any Goods or Merchandises, of what nature 
soever they may be, without entering the true quan- 
tity and quality thereof, and having them inspected inspected. 



312 



LAWS OF 



Imported 
Goods to be 
entered. 



Penalty. 



Strict 
search of 
Ships and 
other Ves- 
sels to be 
Instituted. 



Boadstead 
of Jfciu 
Amsterdam, 



On the Kast 
river, and 



On the 
North river. 



No Goods 
to be talcen 
on board or 
discharged 
beyond the 
City gates, 
or between 
Bunset and 
Sunrise, 



Except 
by special 
perimt. 



according to the entry by the Fiscal, Searcher, or 
some other servant of the Director General and 
Council, appointed, or hereafter to be appointed, for 
that purpose. In like manner, also, no Goods or 
Merchandises, coming from without here or elsewhere 
within this Province, shall be discharged, unless their 
true quantity and quality have been previously en- 
tered, on pain of forfeiting the concealed Goods . In 
case the non-entered or concealed Goods are found 
to be contraband, five times the value in addition. 
In order to prevent all plea of ignorance, the Director 
General and Council superabundantly warn every 
one that, in obedience to superior orders, for the 
purpose of discovering fraud and smuggling, they 
will exercise, and cause to be exercised, stricter care 
and attention in the premises, in the searching and 
examining of Ships, Barks and Yachts, both at this 
place and also on the way sailing up and down the 
rivers, when and where they shall think proper, and 
the opportunity shall present itself. 

Fourthly, the Director General and Council renew 
and ordain that the ordinary Eoadstead and Anclior- 
ing ground for all Ships, Yachts, Ketches, Sloops, 
Barks, &c., shall, on the East river between the 
Hand ' [signpost] and the Capslie ; on the North 
river, in front of and about the Bcaverspath ; at 
which Eoadstead and Anchorage all Ships, Yachts, 
Ketches, Sloops and Barks, weather, wind and tide 
permitting, shall come to anchor and remain lying 
there during their unloading and loading, without 
directly or indirectly discharging or taking on board 
any goods beyond the gates of this city ; and that 
by daylight, between sunrise and sunset, before and 
after which no Goods or Merchandises shall be dis 
charged or taken on board, or any Boats or Scows 
go or leave the Vessel, except by special permission, 
upon the fine formerly enacted therefor. 



NEW NETHERLAND. 313 

Fifthly, the Director General and Council renew Nopcrson 

*' to board 

and ordain that no person shall, on the arrival of ZrH^!,',g°° 
any Ships, whether from Fatherland or elsewhere, b^agovem- 

*^ *■ » mentofflcer 

attempt to go on board at their first coming into fe"ttera* 

i».i 1.1 -f .1 1. 1 delivered to 

port, either while yet under sail or lying at anchor, ^"j^Q^raf"" 
before or until the Fiscal or some officer of the 
Director General and Council has been on board, 
and the Letters received and delivered to the Hon'"° 
General, on the penalty of Twenty-five guilders. Peoai'y- 
And, whereas by such unseasonable boarding and 
delivering of Letters, many mistakes occur and 
many complaints are made that Letters and Invoices 
are lost, the Director General and Council ordain 
that neither the Skippers nor the Supercargoes shall ^^erchln" 
deliver any Letters except such as belong to the pC^Snlsn^ 
Director General and Council, to any person, before f[,f^sifof 
and until a proper list i^ made of the Letters ''^"^'^*- 
brought with them whether at sea or in port, in order 
to be sent according to said list to the right man or 
owner. For the trouble of making out the list and Fee for 

^ making out 

numbering, the Ship's supercargo may demand and "»'"^'- 
receive three stivers for each letter. 

Sixthly, and for this time lastly, the Director ^ff^if/'J.'e"^ 
General and Council ordain that no person shall prohibited 
gallop or race within the gates and walls of this 
City with any Wagon, Cart or Sleigh, and no Driver ^"^^^^^^o' 
shall sit on such Wagons, Carts or Sleighs whether aiong°sidf'' 
drawn by Oxen or Horses, but walk alongside the vewcies. 
same, and if he shall be caught and found sitting or penalty. 
standing thereon he shall pay a fine of One pound 
Flemish, and be interdicted six weeks from using such 
Wagon, Cart, or Sleigh and the draft cattle thereof. 

In order that all this may be the better known 
practiced and obeyed, and that no person may plead 
ignorance henceforth in the premises, the Director 
General and Council hereby order and command that 
these presents shall be published and posted every- 

40 



314 LAWS OF 

where that publication is usually made, and observed 
and executed without any favor or respect of per- 
sons, as we find such to be for the good of the Coun- 
try, and for the welfare and greater tranquillity of 
the good Inhabitants, 

Thus done and renewed in the Council holden in 
Fort Amsterdam in New Netherland, the 12 June, A" 
1657. 

Published and posted on the 13 June 



ORDIISrANCE 

Of tlie Director General and Council of New Netherland for the 

more effectual prevention of Smuggling. Passed 12 August, 1657. 

[N. T. Col. MSS. xn. 117.] 

The Director General and Council of New Netlier- 
land, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 
Preamble. "Whereas it is fouud more and more every day 
that great Frauds and Smuggling are committed 
and perpetrated by the importation of divers Mer- 
chandises under the name and cloak of Sailors' 
freight, whereby not only the Hon"" Company is 
curtailed in its account ; the Farmer defrauded in his 
leased Excise, inasmuch as such imported goods are 
most times sold under hand in a clandestine man- 
ner; the general Merchants who pay the regular 
Duties, are injured in their trade, for they cannot 
with their goods compete against such Imported 
and smuggled articles; but also the owners and 
freighters of snch ships are themselves wronged out' 
of a great part of their freight money, as it is con- 
fidently presumed and believed that the greater part 
of such smuggled Goods are embarked without their 
knowledge or consent. 



NEW NETHERLAND. 315 

The Director General and Council of New Nether- i-^of 

Kai lots' 

land wishing to provide herein, hereby order all SlVSn"' 
Skippers, Ship's Officers and Sailors not to bring "'°'°''°'"' 
■with them any goods or merchandises, under the 
name of Sailors' freight, without exhibiting here a 
correct list thereof signed in Fatherland, and in all 
cases, not to exceed two months' wages, which must S:eedtwo 
appear on the invoice, on pain of forfeiting the wagi*!^ 
imported and unentered Merchandise or Goods. Let Penalty 
every one be warned against loss. 

Thus done in the Assembly of the Hon"'® Director 
General and Council holden in Fort Amsterdam, in 
New Netherland, the 12 August, A" 1657. 

Note. — The Directors at Amsterdam, wrote, on 29 December, 1657, 
to the Director and Council, on the above Ordinance, as follows : 

" After altering and curtailing somewhat the Edict you have drawn 
upon the subject [of Smuggling], we have approved the same in the 
manner you will notice In the printed Copies which shall bo sent you 
by the ships now lying ready to sail, and which you can then have 
posted up, and cause the^3ontraveners to be proceeded against without 
any connivance, according to the tenor thereof." N. Y. Col. MSS. 
XII. 69. 

And again on 13 February, 1659 : 

" We send you herewith also, some printed copies of the Ordinance, 
enacted by your Honors against the excesses of Smuggling, which 
are perpetrated under the name of Sailors' freight, so that every one 
may be warned to regulate himself accordingly, and not plead igno- 
rance." jsr. Y. Col. Mss. xin. i. tb. 



316 



LAWS OF 



ORDINANCE 



Preamble. 



Tormer 
Ordinances 
to be more 
strictly 
enX'orced. 



Goods not 
to he con- 
veyed on 
board iShip, 
until 

entered, and 
a permit 
obtained. 



Penalty. 



Of the Director General and Council of New Netherland against 

exporting Goods without a Permit. Passed 24 August, 1657. 

[N. T. Col. MSS. XVI. 118.] 

"Whereas the Director General and Council of 
Neio Netherland are informed and learn, that the 
Ordinances and Edicts heretofore enacted and fre- 
quently renewed against the bringing on board and 
embarking of Goods and Merchandises without the 
knowledge of the Fiscal or his deputy, are not 
observed as they ought to be, whereby the Hon"'® 
Company is subjected to serious loss of revenue, 
wherein, then, it is necessary to provide, Therefore, 
the Director General and Council of New Netherland 
hereby Order that the abovementioned Ordinances 
and Edicts be held in stricter observance, and, further, 
that no man, of what condition soever he may be, 
shall attempt to load any Goods or Merchandises, 
however named, in any Barges, Boats, Scows or other 
Craft, in order to transport them on board of the 
return ships or any other vessels, before and until 
the same are duly entered with the Fiscal or his sub- 
stitute, and a permit to load them be obtained, on 
pain of the confiscation of such goods as shall be 
found shipped Tvithout a proper permit. Let every 
one be warned hereby and take heed against loss. 

Done, Fort Amsterdam in New Netherland, the 24 
August, A" 1657. 



NEW NETHERLAND, 317 

ORDINANCE 

Of the Director General and Council of New Netlierland further 

regulating tlie Curren(?y. Passed 29 November, 1657. 

[N. T. Col. MSS. XVI. 119.] 

The Director General and Council of New Netlier- 
land, 

To all those who shall hear these presents read, 
Greeting, make known. 

That whereas, both by their own experience and ireamwe. 
by manifold complaints of Inhabitants and Strangers, 
they are suflSciently, to their sorrow, daily informed 
and importuned respecting the great, excessive and 
intolerable high prices of necessary commodities and 
household articles, arising, among other causes, prin- 
cipally from the high price, far beyond their value, of 
Beaver and other Peltries in this Country, in conse- 
quence of the abundance of Wampum, which has run JJ'p^j'*- 
up to 10, 11 and 12 guilders for one Beaver. And ^v»'"p°"' 
Wampum being still, for want of struck or stamped 
coin, the most general Currency between Man and 
Man and Buyer and Seller, the prices of household 
commodities and common daily necessaries range 
according to that rate, and are from time to time 
dearer, the rather as 30, 40, yea, sometimes 50 per 
cent difference is made not only by the Merchants, 
Factors and wholesale Traders, but also, consequently, 
by the Shopkeepers, Tradespeople, Brewers, Bakers, 
Tavern keepers. Grocers and others, if they work and 
sell goods for Beaver or Wampum. This, then, creates 
considerable confusion on the one hand, and causes, 
on the other, great burdens, loss and damage as well 
to the majority of the Inhabitants as to the Company 
and its Servants, insomuch that, by reason of the 
aforesaid inordinate and excessive prices of necessa- 
ries, the Superior and Inferior Magistrates of this 
Province are blamed and accused both by Strangers 



318 



Prices of 

necessaries. 



"Wampnm 
declared to 
be Mer- 
chandise. 



Price of 
Beaver. 



LAWS OF 

and Eesidents; the Country in general has received 
a bad name, some greedy people not hesitating to 
sell even the most necessary supplies, articles of food 
and drink, according to their iusatiable covetousuess, 
at intolerable prices for Wampum, to wit : 
The can of poor Yinegar, @ 24 stivers. 

" " " Oil, 3@ 4 guilders. 

" " " Frencli Wine, ... 40 @ 45 stivers. 

Two quarts of home brewed Beer, 12 stivers. 

A tun of small Beer, 8 guilders. 

A tun of strong Beer, 24 guilders. 

A pair of Coarse Feroese Stockings, 4 guilders. 

A pair of Shoes, 6@ 7 guilders. 

and all other necessaries in proportion. Which high 
Ijrices are generally excused on the ground that 30, 
40 @ 50 per cent is lost on the Wampum before it 
can be traded off for Beaver. 

The Director General and Council aforesaid, wisb- 
ing to provide and to introduce some better order 
herein, as far as possible, for the advantage of all in 
general and in particular, have not been able to dis- 
cover, after much serious consideration and advice, 
even of the Lords Patroons themselves, any better 
expedient than to declare Wampum in trade an abso- 
lute merchandise, to buy, barter, sell and rebarter it at 
wholesale, according to the value and quality thereof. 
But inasmuch as Wampum, for want of Gold and Sil- 
ver Coin, as already stated, must still serve as smaller 
change for daily necessaries betAveen Man and Man, 
Buyer and Seller, the Director General and Council 
have judged it necessary to reduce, at the general 
Counting House, the Wampum due the Company for 
Eents or other outstanding debts to, and also, conse- 
quently, to keep, receive and pay it out at Beaver 
value, the Beaver being reckoned still, and until fur- 
ther advised from Fatherland, at 8 guilders; therefore^ 
fixing and reducing the Wampum at the general 



dis- 
bursed by 
Kovprn- 



NEW NETHERLAND. 319 

Counting House, provisionally, from six to eiffht Bate 
White tor one stiver, and from three to four Black }I^!^Sr 
Beads for one stiver, at wliich rate Wampum shall be »"! 
received and paid out, after the publication and post- 
ing hereof, at the general Counting House, without 
any distinction of persons; provided that the Wares, Proviso. 
labor or services charged to the Company shall be 
computed according to the value so much lower, at 
least not higher, than the price of Beaver. If, on the 
other hand, the Eeceivers are willing to continue the 
old rate, the Director General and Council resolve and 
ordain that the Company, or its servants on its part, 
can then agree respecting the quantity or portion of 
Wampum, as it is ordinarily current. 

Further, in order to cause the least disturbance and 
loss among the Inhabitants, who may have in their 
possession a large quantity of Wampum, and as 
Wampum is esteemed, in the matter of Commerce, 
an absolute commodity, as already stated, the Direc- 
to,r General and Council do not intend, by this reduc- Law not to 

■' affect pri- 

tion of the Wampum at the general Counting House, ^ra'cts?"" 
anj'^ alteration or impairing of any private Contracts, 
Agreements or sales of Merchandise heretofore made 
or hereafter to be made between Man and Man, 
Buyer and Seller ; but in order to prevent all excep- 
tion and complaint that no notice or warning had 
been given, which may be set up or pretended by one 
debtor or another at the Company's Counting House, 
the Director General and Council hereby give notice, 
that, although the payment at the Company's Count- 
ing House is made to the creditors in manner as 
aforesaid, according to this reduction, immediately 
after the publication hereof, the debtors to the Com- priviioee 

■*^ to public 

pany's Counting House may pay six White and three ?v^ho°ply 
Black Beads for one stiver, for the space of three con- montlls, 
secutive mouths, but if they make no payment in 
that time, the Director General and Council give 



320 



LAWS OF 



After which noticc and Ordain that after the expiration of three 
"emad"St' months, all payments which must be made at the 
biriV Company's Counting House in "Wampum, shall be 
""^"^ made in conformity to this enacted Ordinance. 

Thus done and published in Fort Amsterdam in 
New NetUerland, the 29 November, A° 1657. 

Note. — 1658, October 9. An order in Council was this day issued 
declaring that Wampum, in settlements between Man and Man, shall 
pass at Eight White and Four Black beads for one stiver, on condi- 
tion that six weeks be allowed to Debtors to pay outstanding debts 
which may and must be paid in Wampum ; but if such Debts are 
not satisfied within that time, then Debtors shall pay, instead of six, 
Eight White, and in place of three, Four Black beads for one stiver. 
JN: Y. Col. MSS. VIII. 1002. Tb. 



Goods not 
to be taken 
In pawn for 
Xiiqiior. 

Penalty. 



ORDINANCE 

Of the Director General and Council of New Netherland, against 

receiving Goods in Pawn for Liquor. Passed 3 Decemhcr, 1657. 

[N. T. Doc. Hist. 1 : 655.] 

No man may take anything in pawn for Liquors, 
on pain of restoring the Goods, and paying in addi- 
tion 25 guilders for the first oflfense, 50 guilders for 
the second, and double for the third offense, and also 
to be deprived of his license and to have his busi- 
ness stopped. 



NEW NETHERLAND. 321 



OR,DINA]SrCE 

Of the Director General and Council of New Netherland annulling 
fraudulent Sales of Mortgaged Lands on the South river. Passed 
15 Decemher, 1657. 

[N. Y. Col. MSS. XVI. 122.] 

Whereas the Director General and Council of Preamwe. 
New Netlierland are informed and importuned by 
petitions of divers merchants and Inhabitants both 
of the City of Amsterdam and of the Village of 
Beverwycic, that they had long since advanced to 
various Inhabitants at the South rwer in New Netli- 
erland, residing at that time in the neighborhood of 
the former forts, Nassau and Casimir, divers Cargoes 
for the payment whereof the greater portion of 
the Inhabitants aforesaid have hypothecated and 
pledged by Mortgage their Lands, Houses, Lots and 
other Eeal estate, which Lands, Houses and Lots (as 
the Creditors have credibly informed the Director 
General and Council) the aforesaid debtors have, on 
the establishment of the Colonic of New Amstel, 
endeavored, to their Creditors' wrong, to sell, alien- 
ate and to transport to one and another of the 
Colonie's colonists aforesaid, which is directly con- ga,esof 
trarv to all Laws, Statutes and Equity ; such sale Lan"f?Q° 

•^ ' 1 J ' tbe South 

and conveyance made without the previous knowl- wfthoTthe 
edffc of the Creditors and contrary to the executed of!cKditS?s. 

° •' declared 

Mortgages are hereby declared null and void, and vSi'a^an'a 
the purchasers are warned that they have not to pay Sf pSmb. 
the same without notice thereof be first made in due ™Jo'"«'3- 
form, on pain of being obliged to pay it once again 
to the Creditors on the older Bond or Mortgage, 
authorized thereto either preferentially or concur- 
rently. 

Thus done in the Assembly of the Director Gen- 
eral and Council holden in Fort Amsterdam in New 
Netlierland 15 December, 1657. 

41 



322 



LAWS OF 



ORDINAN'CE 



Preamble. 



Former 

Ordinances 

renewed. 



Thatched 
roofs. 
Wooden 
chimneys 
and Hay- 
ricks in 
New Amster- 
dam to be 
removed 
within four 
months. 

Penalty. 



Of the Director General and Council of New Netherland for the more 

effectual and speedy removal of Thatched Roofs, Wooden Chimneys 

and Hay-stacks from New Amsterdam, and for -providing that City 

with Fire-buckets, Hooks and Ladders. Passed 15 December, 1657. 

[N. Y. Col. MSS. XVI. 123.] 

The Director General and Ooiincil of New Nether- 
land, 

To all those who see these Presents or hear them 
read, Greeting, make known. 

That they, to prevent the calamity of Fire, did 
long ago condemn thatched Eoofs and Wooden and 
plastered Chimneys within this City, and to that end 
appointed Firewardens and Inspectors, which By-law 
and Ordinance, the Director General and Council 
aforesaid, have often published and renewed, but, it 
has, hitherto, been carelessly or obstinately neglected 
by many Inhabitants, because the fine or penalty 
aflBxed thereto is either entirely too small, or the i)en- 
alty is not enforced as it ought to be ; by which neg- 
ligence now and again divers calamities and accidents 
have been caused and are still to be apprehended 
from Fire; Tea, a total ruin of this City, inasmuch 
as it daily begins to be compactly built, so that pro- 
vision must absolutely be made therein; to which 
end, the Director General and Council aforesaid, have 
deemed it proper and necessary not only to renew 
their previously enacted By-law and Edicts, but also 
to amplify the same, and to increase the penalty 
thereof and to put it promptly into execution. 

Therefore the Director General and Council do 
Ordain, that all Thatched roofs and Wooden chim- 
neys, Hay-ricks and Hay-stacks within this City, shall 
be broken up and removed within the time of four 
consecutive^ months after the publication hereof, 
under a fine of 50 guilders to be forfeited every 



NEW NETHERLAND. 323 

month, and to be promptly put in execution for 
every House whether small or large, Hay-rick or Hay- 
stack or wooden Chimney, Hen-houses and Hog-pens ^fo"^"^^^ 
included, that may be found within the walls of this FSded. 
city at the expiration of the aforesaid four months ;* 
the fine to be applied one-third for the Officer who Ji^ft'obo 
shall levy execution ; the two other third parts for "P"""^- 
the behoof of this City. If in the meanwhile any 
Fire should break out in any such Chimneys or S°fe3"^' 
Houses, a quadruple Tire penalty, to wit, One Hun- S!" 
dred guilders, shall be paid, to be applied according 
to the above enacted Edict. 

Further, whereas in all well ordered Cities and 
Towns it is customary that Fire-buckets, Ladders and 
Hooks be found provided about the corners of streets 
and in Public houses, in order to be the better pre- 
pared in time of need, which is more necessary here J,?^^^™' 
than elsewhere, because, for want of stone, manv hSi'sLare 

" built of 

Wooden Houses are built within this City, the one w°°''- 
adjoining the other; Therefore, the Director General 
and Council Order and authorize the Burgomasters of 
this City, that they, of themselves, or by their Treas- 
urer, shall at once promptly demand, collect or cause 
to be collected, from each house, whether large or 
small. One beaver or eight guilders in Wampum, imposed on 
according to the rate at the Counting House, in order, the^^urohLa 
with the proceeds thereof, to send, by the first oppor- ^^^l^^^^ 
tunity, to Fatherland for one hundred to 150 leather and"^^"' 
Fire-buckets, and for the balance to have some Fire- 
ladders and Fire-hooks immediately made, and, fur- Tax on 
ther, once a year, from each Chimney, one guilder for ["^tlfe*^ 
a supplement and repairs thereof. °'^^' 

Thus done in the Assembly of the Director General 
aind Council holdeu in Fort Amsterdam in New Neth- 

m 

■~ By a Resolution of the Director General and Council, the above 
time was extended two months from the 16th April, 1658. N. Y. Col, 
MSS. VIII. 834. Tb. 



324 LAWS OF 

erland, the 15 December, A" 1657. Published at the 
date. 



ORDINANCE 

Of the Director General and Council of New Netherland against 
Street broils and Fights in New Amsterdam. Passed 15 December, 
1657. 

pr. T. Col. MSS. XVI. 125.] 

Preamble. Wheeeas the Director General and Council of 
New Netherland observe daily to their sorrow, that 
their previously issued Ordinance enacted on the 
subject of quarreling, fighting, beating and smiting, 
is not according to their good intent and meaning 
complied with, observed and obeyed as it ought to 
be, but despised and violated for a mere word by 
some quarrelsome persons, because of the small fine 
imposed by the aforesaid Ordinance, which is suffi- 
ciently manifest as some persons have not even 
hesitated to say in the oflBcer's presence: 'Tis only a 
matter of one pound Flemish in Wampum ; Being 
desirous to provide herein, in order to hinder and 
prevent further mischiefs which usually follow such 
fights, therefore the Director General and Council 

righting aforesaid do hereby most expresssly interdict and 

and Assaults 

prohibited, forbid any Street broils or Quarrels, much less Beat- 
ing or Striking one another, since these can excite 
only provocations, mischiefs, yea, murders ; on pain 
of paying by the trangressors and violators hereof, 
fti^abtow ^® ^ ^^^ ^^^ ^ simple blow of a fist. Twenty-five 
ponaityin gulldcrs, and in case blood shall follow, four times 

case blood *-* 

be drawn, g^g much, and if such happen in the presence of the 
TnASuif Officer, Burgomaster or Schepen, a double fine, to 
'o°E'^city°* be applied as that behooves. Let such person be 

warned hereby and take heed of damage. 
Amsterdam in New Netherland, 15 December, A° 

1657. 



NEW NETHERLAND. 325 

ORDINANCE 

Of the Director General and Council of New Netlierland for Apprais- 
ing and Assessing vacant Lots in New Amsterdam. Passed 15 
January, 1658. 

[N. T. Col. MSS. Vin. 645 ; XVI. 126.] 

The Director General and Council of New Nether- Preamwe. 
land, seeing and observing by daily experience that 
the previous Ordinances and Edicts are not obeyed 
according to the true meaning thereof, but, notwith- 
standing the repeated renewal of them, that many 
spacious and large Lots, even in the best and most 
convenient part of this City, lie and remain with- 
out Buildings and are kept by the owners either for 
greater profit, or for pleasure, and others are thereby 
prevented to build for the promotion of population 
and increase of Trade and consumption, as well as 
for the embellishment of this City, whereunto many 
new comers would be encouraged in case they could 
procure a Lot at a reasonable price on a suitable 
location, agreeably to the foregoing Edicts. Which 
neglect, if not contempt thereof, in reserving and 
retaining such extensive and spacious Lots, whether 
for profit or for pleasure, is owing principally to the 
fact that no penalty, fine or amende is imposed by 
the forementioned Edicts, and that the proprietary 
owners are, for a great many years, occupying and 
reserving the Lots free of any Tax in expectation 
of greater profit, or using them for pleasure, as 
Orchards and Gardens, whereby Building and Popu- 
lation, and consequently the advancement of Com- 
merce, consumption and the prosperity of this City 
are retarded, contrary to the good intent and mean- 
ing of Mess" the Directors of the Incorporated 
West "India Company, Lords and Patroons of this 
Province, as first grantors and distributors of the 
Lots with a view, to have the same built on for 



326 LAWS OF 

the- embellishment, peopling, increase of the Inhab- 
itants, Trade, Consumption and Prosperity of this 
City, as expressed in the granted Patents, with the 
additional stipulation and submission: — Of such 
Taxes as may. be imposed thereon by the aforesaid 
Lords or their Agents. la observance and obedience 
whereof the Director General and Council aforesaid 
have lately caused the vacant and unimi^roved Lots 
to be measured by their sworn Surveyor in the 
presence of the Burgomasters of this City, accord- 
ing to the. Survey of the Streets, and found some 
hundreds of Lots inside the walls of this City vacant 
and not built on. 

In order that these may be the sooner built on, in 
accordance with the good intention and meaning 
of the aforesaid Directors, agreeably to the pre- 
viously enacted Ordinances, yea, that the disorder 
arising from the possession, free of any Tax, of such 
spacious and extensive Lots for profit or pleasure, 
may be prevented, and those who are inclined to 
build may be accommodated with Lots at a reason- 
ble price, the Director General and Council hereby 
Vacant Ordaiu, in amplification of the abovementioned 
S^o^f' Edicts, that all vacant and unbuilt on Lots which 
appra c , y^^^Q lately measured and laid out by the Surveyor 
of the Director General and Council, be immediately 
after the publication and posting hereof, assessed 
First by the and appraised, first and foremost by the owners in 

Owners, t-x ' J 

possession, themselves, to the end that they may not 
hereafter complain of under valuation, and that 
so long as the owner retains the Lot or Lots, or 
allows them to remain without proper and habitable 
whoBhau houses built thereon, he shall pay for the same 

pay the 151h 

Srthe value Yearly the 15th penny in two installments, the one 

thereof. 



half on May day ; the proceeds to be applied to 

the foi 

thereof. 



Tax, how to the fortification of this City and the repairs 

be applied. ^ ■*■ 



NEW NETHERLAND. ' 327 

And the Burgomasters are authorized and ordered ^"^f^^to 
after the publication hereof, to summon the Owners omimof 

Lota before 

oi the Lots without regard of persons before them »'>«'"; 
at the Town hall of this City; to cause the Assess- to have 

" the assess- 

ment to be made; to have i^ recorded by their S.d"en"tfed 
Secretary in due form, and to have the proceeds ^^^^{°^2^^^ 
received by their Treasurer, and in case of opposi- i'^^^^'^^'- 
tion or refusal, to fine the obstinate person civilly; mease of 

■*■ "^ ' opposition, 

to appraise his Lots according to the value and the SnShulot 
situation of the locality, on condition that it be left anSulf ' 

*' owner to 

to the choice of the owner in possession to retain the the^opilon 

Lots appraised by the Burgomasters on payment, as jsfj^lev" 

stated, of the 15th penny thereof, or otherwise to iX^o'tS?' 

give them up for that price to the Burgomasters for ^p^|'^'<' 

the benefit of the City. 

It remains ia like manner, on the other hand, at Burgomas- 
ters empow- 

the option of the Burgomasters aforesaid, to take T^^^^tiaT 
the LQts appraised by the owner himself, for the vaSltlon, 

■*■ ^ *' and to con- 

account of the City, and to convey them to others ZE^^^u '° 

who are disposed and ready to build, at that price, prSscan- 

if the owner himself will not, or cannot build in tSeiS!^"'^^ 

conformity to the aforesaid Edicts, or to leave them 

to the owner until they are built on by themselves 

or others, when the Impost or Tax imposed for eeMe'when 

valid reasons on the unimproved Lots, shall cease. bJiSSn! 

And in order to promote the population, settlement, 

beauty, strength and prosperity of this City, the 

Director General and Council Ordaiu and command 

that, from this time forward, no Dwellinff-houses nodwch- 

<=• ing-houses 

shall be builfc near or under the Walls or Gates of n°earo"'"' 
this City, before or until the Lots herein mentioned cit/waita 

*' ' or Oatea. 

are properly built on. 

Thus done in the Assembly of the Director Gen- 
eral and Council holden in Fort Amsterdam in New 
Netherland, the 15 January, A° 1658. 



328 



LAWS OF 



OEDINANCE 



Preamble. 



Persons 
wbose 
Bans have 
been pub- 
lished, shall 
have their 
Marriages 
Bolemnized 
within one 
month alter, 
or show 
cause to the 
contrary. 



Penalty. 



No Man 
and Woman 
lo live 
together as 
marrledper- 
Bons, unless 
they are 
married. 
Penalty. 



Of the Director General and Council of New Netherland to oblige 
parties to Marry after Ae publication of their Bans. Passed 15 
January. 1658. 

[N. Y. Col. MSS. Vm. 647 ; XVI. 129.] 

Wheebas the Director General and Council of 
New Netherland not only are informed, but have even 
seen and remarked, that some persons, after the 
proclamation and publication, for the third time, of 
their Bans or Intentions of Marriage, do not proceed 
further with the solemnization of their Marriage as 
they ought, but postpone it from time to time, not 
only weeks, but some months, which is directly con- 
trary to, and in contravention of the good order and 
custom of our Fatherland, wherein being willing to 
provide, in order to prevent the mischiefs and irregu- 
larities which will flow therefrom ; 

Therefore the Director General and Council afore- 
said do hereby Ordain that all published persons, 
after three Proclamations have been made and no 
lawful impediment occurs, shall cause their Marriages 
to be solemnized within one month at furthest, after 
the last Proclamation, or within that time, appear 
and show cause where they ought, for refusing ; and 
that on pain of forfeiting Ten guilders for the first 
week after the expiration of the aforesaid month, 
and for the succeeding weeks 20 guilders for each 
week, until they have made known the reasons for 
refusing. 

Furthermore, no Man and Woman shall be at 
liberty to keep house as married persons, before and 
until they are lawfully married, on pain of forfeiting 
One hundred guilders, more or less, as their quality 
shall be found to warrant, and all such persons may 
be amerced anew therefor every month by the Officer, 



NEW NETHER"LAND. 329 

according to the order and the custom of our Father- 
land. 

Thus done in Council holden in Fort Amsterdam in 
New Netherland, the 15 January, A° 1658. 



ORDINANCE 

Of the Director General and Council of New Netherland regulating 
the Duties and Fees of Notaries an# other Officers. Passed 25 
January, 1658. 

[N. T. Col. MSS. Yni. 6S1 ; XVI. 130.] 

Whekeas the Director General and Council of i^e^'^we. 
Neiv Netherland are sufficiently convinced, as vrell 
by their own experience, even, by several Bills of 
costs, exhibited before them, as by the remonstrances 
and complaints of others presented to them, of the 
exactions of Secretaries, Notaries, Clerks and other 
commissioned persons, in suing and prosecuting 
contending parties; of the excessively great Fees 
and charges for writing of almost all sorts of Instru- 
ments, to the serious, yea nearly intolerable, oner- 
ousness of the Judgment and Costs of court ; some 
being so far seized by avarice and greed that they 
are ashamed to render a Bill, or specification of the 
Fee they demand, but ask, if not extort, the amount 
from parties in gross ; the Director General and 
Council aforesaid, being desirous to provide therein 
for the better and more supportable promotion of 
Justice, do hereby Ordain, enact and command. 

That from this time forward, no man shall under- JJXwup 
take to draw up or to write any public Instrument, felunTess^ 

■*■ com mis- 

unless he be commissioned or licensed thereto by the f;°e"nfed!' 
Director General and Council, as Secretary, Notary 
or Clerk, which commissioned or licensed person is 
bound to content himself with such Fee as is estab- such 

licensed 

lished therefor by the Director General and Council, faTe°oniy 
and to renew every year, on the 5th of February, the- fee, "'^'" 

42 



330 



XAWS OF 



And annn- 
ally toswear 
obedience 
to Ihe Law 
regulating 
his olUcc ; 



To keep a 
Kegister of 
his otHcial 
transac- 
tions ; and 



Not take 
money in 
advance or 

Ijresenta for 
lis services, 
or com- 
pound for 
future 
services, 



But may 
receive the 
Foe belbre 
or after the 
suit, on ren- 
dering Biil 
of particu- 
lars. 



Penalty. 



Notary, 
or otJaer 
licensed 
person to 
sign and 
seal all 
Instru- 
ments 
e.\ecuted 
belbre him. 
Fee for seal. 



oath whicli he hath taken, precisely to submit to and 
obey the Ordinance enacted, or hereafter, according 
to circumstances, to be enacted, on the subject of 
Secretaries, Notaries, Clerks and such like Officers, 
in conformity to the following : 

First, all Secretaries, Notaries, Clerks, or such 
officers, shall keep a correct Begister or Journal, 
■wherein people may see immediately, if necessary 
and when required, whatever has been executed 
before them, and for which they demand such Fee, 
and place it on their account. 

Secondly, no Secretary, Notary, Clerk, or any 
such officer, shall demand from any person any 
money in advance, or ask or take any present, or be 
at liberty to compound or agree with anyone about 
a Fee and pay for writing yet to be earned, inasmuch 
as such composition and previous agreement, before 
final judgment, must redound to the injury of the 
succumbing party, in case he be condemned in the 
expenses and costs of Court ; but the aforesaid Officers 
may receive their pay according to this Ordinance, 
either at any time before the execution of the Instru- 
ment, or at the end of the suit, on rendering proper 
account and specification of what they have written, 
what errands they have done, what they have per- 
formed or copied, without entering any extraordinary 
costs in gross, in such account or specification, but 
all according to the Fee allowed therefor ; not being 
permitted either to demand or to exact any thing else 
or more from their Clients, on pain of forfeiture of 
office and Fifty guilders fine, by such as may be 
found to have acted contrary hereunto. 

Thirdly, the Secretary, Notary, Clerk or officer 
shall sign with his own hand all Instruments executed 
in his presence, and seal them, when required, with 
his signet, providing that he receive for his seal six 
stivers in addition to the legal Fee. 



NEW NETHERLAISTD. 331 

Fourthly, Secretaries, Notaries, Olerlrs and such to give 

" ' ' receipt if 

like officers shall be bound, wheu required, to give a fo?F«3. 
discharge or receipt for the earned and paid Fee, to ""^"''^"^ 
be made use of when necessary. 

Finally and lastly, all Secretaries, Notaries and SfePoo? 
Clerks shall be bound to serve the Poor and Indigent, 
Tvho ask such as an Alms, gratis and j)ro Deo; and 
may demand and receive from the Eich, the following 
Fees : 



For a simple Petition written on one side 

of the paper, 18 stivers. 

If the petitioner desire to have it recorded 

or registered ; for copying, 12 stivers. 

For a simple Summons, as above, 18 stivers. 

For an Answer, Eeply or Eejoiuder, 2 guilders. 

For engrossing ; for copying, 24 stivers. 

Butif the Answer, Eeply, Eejoiuder, Sum- 
mons or Petition require more than one 
half sheet of Paper, for each page of 25 
to 30 lines, 30 to 36 letters in a line, .. 30 stivers. 

For a Deduction ; each half sheet of 26 to 
30 lines, 30 to 36 letters in the line, . . 2 guilders. 

For a Petition in appeal to be presented 
to the Director General and Coun- 
cil, 2 guilders 10 stivers 

For a petition of Eevision, Eeview, Purg- 
ing, Eeduction,* Eehearing, Complaint, 
Pardon, or Liberty to return to the 
Country, to be presented to the Direc- 
tor General and Council, 2 guilders 10 stivers. 

If it happen to exceed the second or third 
page (lines and letters as before), per 
page, : 24 stivers. 

For a petition of the same nature as 
above, to any Subaltern Court, . 36 @ 40 stivers. 

* Reduction is an appeal from tlie award of Arbitrators. Tk. 



Table of 
ITeea. 



332 LAWS OF 

Or per page (lines and letters as before), 20 stivers. 

Por a Judgment, 30 stivers. 

For extracts from their Books (lines and 
letters as before) per page, 20 stivers. 

For a Contract, obligation, assignment, 
attestation, lease, or bill of sale, 30 stivers. 

For the Copy, 20 stivers. 

For a verbal Consultation on a case de- 
pending before the Director General 

and Council, 20 stivers. 

But the Notary is bound to enter in his 
Journal the time and subject. 

For an Inventory of documents to be 
furnished by parties, 15 stivers. 

For drawing up Interrogatories and en- 
tering the questions, per half page, 10 stivers. 
Provided that 7 @ 8 interrogatories 
stand on one page. 

For the Answer to be entered on the 
opposite side, in like manner, 10 stivers. 

For one day's journey with or without 
their Client, when required, exclusive 
of carriage hire and board, 4 guilders. 

But within the City, Village or place, 
accompanying their Client, when re- 
quired, 20 stivers. 

For attending a term of Court, with or 
without their Client, 15 stivers. 

Neglecting to attend it, to pay default and damages 
thereof. 
Disburse- No disbursemcDts for Drink, or any other extraor- 
Mhir^'eiia- binary Presents, Gifts, or Gratuities shall be brought 
expe"nsY3 Into auy account, or demanded or collected by the 
auowed. Secretaries, Notaries, Clerks or such like oflBcers. 

And this and the foregoing Articles shall not only 

be published, posted and observed in all places within 

this New Netherland province, where publication is 



NEW NETHERLAND. 333 

usually made, but also read by the Fiscal, Sellout and Jf^^f^"' 
other Subaltern Magistrates privately in their respect- anSuiuy ■ 
ive Courts, before the Secretaries, Notaries, Clerks <to=-.°" 
and such like, now and on the 5 February, not being 
Sunday, in every succeeding year, and thereupon the 
oath exacted from them to regulate themselves pre- who are 
cisely in conformity thereto, and in case of refusal to Jge7r''o*'ath 
be removed from their Office and place, with express °'°®'=^- 
prohibition neither directly nor indirectly to write 
any Instruments for any person under a penalty of p™aj{j,;„ 
50 guilders for the first, twice as much for the second fJC™- 
time, and an arbitrary correction at the discretion of 
the Judge for the third offense. 

Thus done at the Assembly of the Hon"'® Director 
General and Council of New Netherland holden in 
Fort Amsterdam in Neiv Netherland, the 25 January, 
A° 1658. 

Note. — 1658, September 5. By an Order in Council of this date, the 
Fees allowed by the above Ordinance to Notaries, are directed to be 
paid in Beaver or in Wampum, at the rate fixed at the General Count- 
ing house. N. Y. Col. MSS. VIII. 966. Ts. 



ORDINANCE 

Of the States of Holland prohibiting certain Festivities. 

Note. — It was the custom among the farmers of Oelderland, and Origin of 
the borders of the Khine, to assemble at Shrovetide to " Pull of'pumng™ 
the Goose." On such occasions a goose whose neck and head had ^''^Qoo^e. 
been previously smeared with Oil or Soap, was fastened by a rope 
between two poles. Horsemen then entered the lists, and driving at 
full gaUop, made an attempt to seize the prize. They would often 
miss their mark and fall to the ground. He who succeeded in bearing 
off the goose, was declared King of the festival. The custom existed 
also in some parts of England. Vanderkemp. 

It seems to have been first introduced into New Netherland in 1654, Custom 

Stuyvesant pronounced it "an unprofitable, heathenish and Popish mio Nr.uj 

festival, and a pernicious custom," and prohibited it accordingly, and pro"- ' 

Some Farmers, not having the fear of the Director General before '"'""*''• 

them, celebrated the feast notwithstanding, and although the Burgo- Burgo- 

' masters and 

masters and Schepens of New Amsterdam remonstrated, the Farmers sciiepens 

were fined, and some of them imprisoned in February of that year, against tiie 

" in order to prevent more sins, debaucheries, and calamities." '"° ' '''°"-f 



334 



LAWS OF 



Permission 
requested to 
Pull the 
Goose on 
Jifanhaltan 
Island, and 
xelused. 



Nothing further is found on the subject until the 26 February, 1658, 
■when some Farmers and their servants on ManJiattan Island, pre- 
sented a petition to the Director General and Council, for leave to 
Pull the Goose. Permission was refused on the ground that the 
amusement was not only a violation of the Edict of the Mighty Lords 
the States of Holland, but also contrary to the Order of the Director 
General and Council of New Netherland. 

The popularity of Shrovetide festivities seem, however, to have 
continued, notwithstanding the above prohibition ; as will be seen by 
the following Petition of the Consistory of Wildioyck, a translation of 
which Jonathan W. Hasbrouck, Esq., of Kerhonksin, Ulster Co., has 
politely furnished. 

[Esopus Eecord?, I, 297.] 
Petition or supplication of the Consistory to the Magistrates of this 

place. 

The fconsistory here, moved by their consciences and their duty as 
officers, petition the Magistrates of this place with all proper humility, 
that the public, sinful and scandalous Bacchanalian days of Shrove- 
tide (descended from the Heathen from their idol Bacchus, the God 
of wine and drunkenness : being also a leaven of Papacy, which the 
apostel, 1 Cor. 5, has warned us to east off), wliich are near at hand, 
may be prohibited in this place by proper Placards from you, that we, 
bj' its publication and reproof may eradicate this abomination, and 
thereby through the Grace and Blessings of God, we, each of us, may 
do the good which will come of it to this place, and the souls and 
bodies of its inliabitants, the more as we live in such sorrowful days 
of God's wrath upon us in this place for our sins. If people will still 
indulge in the pleasures of such scandalous sins as those of Shrove- 
tide, they will more and more provoke God and bring His wrath on 
us again, for His rod is yet over us, and His punishment of war yet 
afflicts us ; yea, and will thus yet further oppress this land and its in- 
habitants. Shall they then rollick in their sins while the whole land 
weeps, and make merry when we are every month called to sorrow, 
wailing and lamentation ? 

Therefore is it the desire of this Consistory that you may take the 
subject in hand and in heart, as servants of Christ's church and con- 
gregation, that through you, the vices and abomination of this newly 
founded Church may be averted ; all to the honor of God, the edifica- 
tion of the congregation, and the happiness and good of this place. 
With this we end, in the mean while beseeching God to bless you in 
service and person. 

In the name of the Consistory, 

HEItMANUS BLOM. 

12 Feb., 1664, in Wildwyck. 



Proclamations appointing days of Fasting, Prayer, and Thanksgiv- 
ing were usually issued once a ye.ar. On sucli days, " all exercises 
and recreations of stool-ball, hunting, going a fishing, as also all 
unlawful sports, as gaming, dicing, carding, excess in drinking and 
such like during Divine Service," were prohibited on pain of arbi- 
trary punishment and correction. Tb. 



NEW NETHERLAND. 335 

ORDINANCE 

Of the Director General and Council of New Netherland for estab- 
lishing a New Village at the end of Manhattan Island. Passed 4 
March, 16u8. 

[N. T. Col. MSS. Vm. 751 ; XVT. 135.] 

The Director General and Council of New Netlier- gfen^that 
land hereby give notice, that for the further promo- 
tion of Agriculture, for the security of this Island 
and the Cattle pasturing thereon, as well as for the 
greater recreation and amusement of this City of ^i^aTeor 
Amsterdam in New Netherland, they have resolved to lw'b?^°' 

formed at 

form a Ncav Village or Settlement at the end of the y;S,fC°« 
Island, and about the lands of Jochem Fietersen, the""ouoT 

iug 

deceased, and those which adjoin thereto. In order 
that the lovers of Agriculture may be encouraged 
thereto, the aforesaid proposed New Village is favored 
by the Director General and Council with the follow- Privuegea. 
ing Privileges : 

First, each of the inhabitants thereof shall receive Eact . 

Bettler to 



receive a 

certain 

quantity 



by lot, in full ownership 18, 20@24 morgens of 
arable Laud, G @ 8 morgens of Valley, and be S? Laia, 
exempt from Tenths for 15 years commencing next 
May, on condition that he pay within the course of oFsl^d^l 



three years, in installments, Eight guilders for each ib/t""^™' 
morgen of Tillage land for the behoof of the inter- ^^^tibSn" 
ested, or their creditors, who are now or formerly thZT° 
were driven from the aforesaid Lands, and have 
suffered great loss thereon. 

Secondly, in order to prevent similar damage from Jj£|''^*5?*^ 
calamities or expulsions, the Director General and *'"'*'* 
Council promise the Inhabitants of the aforesaid 
Village to protect and maintain them with all their 
Power, and, when notified and required, to assist SyS; 
them with 12 @ 15 Soldiers on the monthly pay of Ri?y,'^lnd 



the Company, the Village providyig quarters and 
rations ; This whenever the Inhabitants may petition 
therefor. 



requested. 



Magistrates, \)j the Maglstiates thereof, and presented annually 
nominated, to the Diiector General and Council, to elect a 



336 LAWS OF 

comfot'" Thirdly, -when the aforesaid Village has 20 @ 
to he's- 25 Families, the Director General and Council will 

tablished, , , t /. . 

pop"ia"ioa f*"^or it With an Inferior Court of Justice ; and, for 
fo^oaS- that purpose, a double number is to be nominated 

out of the most discreet and proper persons, for 

the first time by the Inhabitants and afterward 

by the Magistrates therei 

to the Director General 

single number therefrom. 
Ministcrto^ Fourthly, the Director General and Council promise 
tomS to employ all possible means that the Inhabitants 
t^edlnjhe of the aforesaid Village, when it has the abovemen- 

tioned number of Families, will be accommodated 

with a good, pious orthodox Minister, toward whose 
Ministers maintenance the Director General and Council prom- 
Saiibythe ^^^ *<* P*y li^lf the Salary; the other half to be 
ISdm™™' supplied by the Inhabitants in the best and easiest 
Inhabitants, manner, with the advice of the Magistrates of the 

aforesaid Village, at the most convenient time. 
Eoadtobe Fifthly, the Director General and Council will 

constructed *' ^ 

limfteSft assist the Inhabitants of the aforesaid Village, wheu- 
^sed^u- ever it will best suit their convenience, to construct, 
with the Company's Negroes, a good wagon road 
from this place to the Village aforesaid, so that peo- 
ple can travel hither and thither on horseback and 
with a wagon. 
No new Sixthly, in order that the advancement of the afore- 

Villagetobe ■' ' 

Snuuhe^'' said Village may be the sooner and better promoted, 
?S°one'ia' the Director General and Council have resolved 

settled. 

and determined not to establish, or allow to be 
established, any new Villages or settlements before 
and until the aforesaid Village be brought into exist 
ence; certainly not until the aforesaid number of 
Inhabitants is completed. 
Terry Seventhly, for the better and greater promotion 

^rlmS'ed, of neighborly correspondence with the English of 
the North, the Director General and Council will 



NEW NETHERLAND. 337 

at a more convenient time, authorize a Ferry and 
a suitable Scow near the aforesaid Village, in order 
to convey over Cattle and Horses, and favor the 
aforesaid Village with a Cattle and Horse Market. 
Eighthly, whoever are inclined to settle them- pet«"? 

^ "^ intending 

selves, or to take up Bouweries by servants there, Bowlriea, 
shall be bound to enter their names at once or within t?ei? mimes 

at the Secre- 

a short time at the office of the Secretary of the Si^pTace 
Director General and Council, and to begin imme- ^^='<>° ""> 
■ diately with others to place on the land one able- 
bodied person provided with proper arms, or in 
default thereof to be deprived of his right. 

Thus done at the Assembly of the Director Gen- . 
eral and Council holden in Fort Amsterdam in New 
Netlierland the 4 March, A" 1658. 



ORDINANCE 

• 

Of the Director General and Council of New Netherland to prevent 

Fraud in the shipping of Tobacco. Passed 19 March, 1658. 

[N. T. Col. MSS. Vm. TT8.] 

"Whereas it is found by experience that the Hon"'* preamwe. 
West India Company have been seriously defrauded 
of their Duties by some Merchants and Traders, who 
seek their own interest, who enter the quantity 
of their shipped Tobacco with the Fiscal only in 
gross, whereby smuggling cannot well be discovered, 
against which it is necessary to provide ; Therefore, ^^^^'^^ 
the Director General and Council of New Netlierland numbefof 
do hereby give notice and Ordain, that all those who J.^'^e^^^"' 
intend to send any casks of Tobacco to Fatherland, 
shall, before they ship them, not only report the num- 
ber of casks to the Fiscal, but also specify how much 
each cask in such lot precisely weighs, in order that 
the Hon"'' Company may not any more be defrauded 
by such means. 

43 



338 LAWS OF 

ORDINANCE 

Of the Director General and Council of New Netherland for the better 
government of the Town of Flushing on Long Island. Passed 26 
March, 1658. 

[N. T. Col. MSS. Yin. 791.] 

Preamble. The DircctoF General and Council of New Nether- 
land, having examined and considered the seditious 
and mutinous Order and Eesolution adopted and 
signed the 27'" December, 1657, by the Schout, Clerk, 
Magistrates and the greater number of the Inhabit- 
ants of the Village of Flushing, and presented, a few 
• days afterward, to the General himself, by Tobias 
Feecque, the Schout, by which Eesolution of theirs 
they absolutely contemn, infringe, and oppose the 
well meant Order of the Director General and Coun- 
cil enacted against the Quakers and other sects, 
daring very plainly to state and say therein, that they 
cannot stretch out their hands against thei^, to pun- 
ish, banish or to persecute or attack them ; that they, 
as God shall persuade their consciences, will give 
every Sectary free ingress and egress into their 
Towns and houses, which, as before stated, contra- 
vening and opposing the Ordinance and Edicts of 
the Director General and Council, is a matter of 
very evil and dangerous consequence, trampling the 
authority of the Director General and Council abso- 
lutely under foot, and therefore richly deserves to be, 
as an example to others, corrected and punished by 
the annulment of the Privileges and Exemptions 
granted to the aforesaid Town from time to time, 
both by Patent of Director General Kieft, and by 
enlargement thereof by the present Director General 
and Council, and in addition, by corporal imnishment 
and banishment of all those who have signed the 
aforesaid mutinous Eesolution. But the Director 
General and Council, in the hope of greater prudence 



NEW NETHERLAND. 339 

in future, and being more inclined toward their sub- 
jects by mercy than rigorous justice, 1;^e rather, as 
they have inferred from the circumstances of the 
case, that many, nay, the most of them, were urged 
to subscribe by the previous signatures of the Schout, 
Clerk and some Magistrates, do therefore pardon, 
remit and forgive, the fault herein committed against 
the authority of the Director General and Council, 
and in their capacity, against the Supreme authority 
of the High and Mighty Lords States General of the 
United Netherlands, and of Mess" the Directors, Lords 
and Patroous of this Province of New Netherland. 

Yet, in order that such and similar irregular disor- 
ders may in future be obviated and prevented, and 
their well intended Ordinance and Edict maintained 
and executed in a better manner, •herein, either 
through malice or from ignorance of the customs of 
our Fatherland, all the late Schouts successively have 
manifested no small negligence, the Director General 
and Council have therefore considered it highly neces- 
sary and proper, to qualify and commission hence- schout of 
forth as Schout, as well over the Town of Flushing, veraedT" 
as in other Towns, a person better versed in the 'e^sn^in 

^ the English 

Dutch Practice, and somewhat conversant in both \Sa^^. 
languages, the English and Dutch, on the Instruction 
heretofore given and hereafter to be enlarged, accord- 
ing as the circumstances of the aforesaid Town shall 
require. Meanwhile, they continue and qualify the ^e?Mo'^A°^ 
Magistrates heretofore appointed to administer Law ffilTuld 

in Office. 

and Justice between Man and Man, pursuant to the 
Instruction heretofore given, and the senior Magis- senior 
trate as Schout, provisionally, until the Director and ^ntf 
Council qualify another suitable person. 

Further, in order to prevent in future the disorder "^^^^^^^ 
■which commonly arises from general Town-Meetings,g£nS'bf ' 
or Village Assemblies, these being, besides, very ^^^^oiu^Si' 
prejudicial and hurtful to many in their daily busi- 



340 



LAWS OP 



Seven 
Towiwmen 
to be 
chosen, 



To act as 
CoiuLielors. 



Their 
Powers, 



'Magistrates 
to Inquire 
for an ortho- 
dox Minis- 
ter, 



ness, and very seldom productive of salutary and 
good result, ^he Director General and Council Ordain 
and command, that, from this time forth, no such 
Town-Meetings shall be convofed or held, unless for 
great and pregnant reasons, to be first and foremost 
communicated to the Director General and Oouucil, 
by the Schout, or, in his absence, by some one of the 
Magistrates, and their advice and consent thereto be 
requested ; but, instead of such Town-Meeting, seven 
persons shall, once and for all, be chosen and 
appointed out of the best, most reasonable and most 
respectable Inhabitants, who shall be called Trib- 
unes* or Town's men, to be employed by the Schout 
and Magistrates as Counselors, on and about any 
Town matters, from whom, also, the Magistrates may 
adjoin to themselves one or more assistants, espe- 
cially if they be too few, or if any of their Board be 
a party in a lawsuit ; and whatever is resolved by 
the Schout, Magistrates, and the aforesaid seven 
Tribunes or Town's men, in regard to any affairs of 
the Town, such as. Fences, Bridges, Highways, &c., 
Schools, Churches, and other Public Buildings, all 
other Inhabitants shall promptly obey and observe, 
on pain of arbitrary correction. 

Finally, the Director General and Council, perceiv- 
ing, by lamentable experience, that, for want of a 
good, pious and orthodox Minister, of whom the 
aforesaid Town has been deprived now full 3 or 4 
years and more, the Inhabitants have fallen, not only 
into a disregard of Divine Worship and profanation 
of the Sabbath of the Lord, but also into Heresy 
and indecent Licentiousness, the Director General 
and Council, therefore, Ordain and command, that 
the Schout, Magistrates and chosen Town's men, 
shall, on the first fitting opportunity which offers. 



» This is a true copy of the Magistracy in the cities of Gelderland, 
but unknown in Holland. Vanderkemp. 



NEW NETHERLAND. 341 

look out and inquire for a good, honest, pious and 
Orthodox Minister, and, on findinsr one, notify the ^»''t<'i>» 

' o ' J called and 

Director General and Council thereof, to the end wuS'th? 
that he may, in proper form and style, be called, |?££|^«a 
inducted and confirmed in the aforesaid Town. In councu"° 
order that he may be the better encouraged in his 
calling and service, and provided with a decent and 
proper maintenance, the Director General and Coun- 
cil hereby Ordain and enact, that all Inhabitants of 
the aforesaid Town of Flushing, shall, within the J,1|'i|\^,"j'?°'» 
space of six weeks from the date hereof, in con- "^'"^ 
formity with their Patent, and according to the fur- 
ther Enlargement and Privileges granted to the • 
Town aforesaid, on date 26 April, 1648, apply for J°tt^^„ta 
and also receive, each for himself, a special Patent rapSve 

_ _ Lauds, and 

of the extent of the Lands and valleys which he 
occupies as proprietor, or is inclined to occupy as 
proprietor, and shall pay, for every Dutch morgen 
thereof, 12 stivers annually for the support of the f^^y^^ 
Minister, and the Director General and Council p?r°morgen 
promise to supply from the Tenths becoming due, ^^"^^^'^ 
whatever deficit may happen in that revenue, until BeMt^ • 
the aforesaid Town shall, in the judgment and opin- f?omthe 
ion of the Director and Council, contain a sufficient 
number of Inhabitants. 

In order that all the aforesaid, may be the better 
obeyed and executed, the Director General and Coun- 
cil Ordain and command, that all those who are not Persons 

refusing to 

disposed to comply with, submit to, and obey, this <=°°''i»"'e' 

Order of the Director General and Council, within 

the prefixed term of six weeks, shall dispose of their Toeeii^ 

goods to the best advantage and depart out of this fe"^e?he 

government. In like manner, also, all the good and 

well affected Inhabitants, who already are in the inhabit- 
ants to sign 

aforesaid Town or will hereafter come there, shall be JiPt^^,|VJ{h 
bound to promise, over the signature of their names, uon'oIpSa 



342 LAWS OF 

of not being to obev and o'bserve these presents, and in case of 

admitted •' ^ 

refusal shall not be admitted as Inhabitants. 

Thus done, in the Meeting of the Director General 
and Council, holden in Fort Amsterdam, in Ndw 
Netherland, the 26 March, A" 1658. 



as Towns- 
people. 



Preamble. 



Ordinances 
renewed. 



Not to 
tap on the 

Sabbath. 



Not to con- 
tinue 
Drinking 
Oubs after 
9 o'cloclc 



ORDINANCE 

Of the Director General and Council of New Netherland renewing 
sundry Ordinances therein mentioned. Passed 9 April, 1658. 

IN. T. Col. MSS. XVI. 1.] 

The Director General and Council of New Nether- 
land, 

To all those who hear, see or read these Presents, 
Greeting, make known. 

That divers Ordinances and Edicts have been from 
time to time enacted and published by them, tending 
to the preservation of good Government, order and 
the prevention of Smuggling; but, whereas, the 
greater part of these have, by connivance and non- 
execution by many, fallen into disrepute and desue- 
tude, therefore the Director General and Council have 
considered it highly necessary to renew some of them, 
and as a warning to briug them again to the remem- 
brance of their good subjects, as they do hereby. 
Ordaining and Commanding : 

Mrst, that no person shall, on the Sabbath of the 
Lord, during Divine service, directly or indirectly tap 
any Beer, Wine or Liquors, or sit in clubs ; according 
to the Edicts of the last of Maxj, 1647 ; 26 Sepeniber, 
1656, and 12 June, 1657. 

Secondly, also, that no one shall continue any Clubs 
in the evening after nine o'clock, when the Bell stops 
ringing, according to the aforesaid Edict, dated last 
of May, 1647. 



on shore or 
on board 
until the 



NEW NETHERLAND. 343 

Thirdly, that no person shall, directly or indirectly, Toseu^ 
sell or present any strong drink to the Indians; inai^ni? 
according to the Edicts dated 26 September, 1656, and 
12 June, 1657. 

Fourthly, that no person shall climb over any Gar- SLm^ge 
dens. Lands or Orchards, much less damasre the keeptu'em 
Fruits thereof; take away the Clapboards or other 
Fences ; also, that every one shall properly fence his 
Gardens, Lands, Orchards and Lots, which being 
done, and then suffering damage by anyone or any 
one's Cattle, such person to be corrected and punished 
therefor, according to the Edict of the first of July, 
1647. 

Fifthly, that no person shall be allowed to convey no goods to 

" *■ *' be conveyed 

any Goods or Merchandise from on board ship to the 
shore, or from shore to shipboard, much less export ^if, „ 
them, until they are first properly entered, inspected, '"^*- 
and the customary Duties thereof paid; especially 
the Goods and Merchandises going to and coming 
from Virginia, New England, the Carribean Islands, 
and other places lying outside this our Government ; 
all which must pay 10 per cent, according to custom 
and order. 

Sixthly, that no persons shall be at liberty to no person 
depart with any ships or barks without a proper p^°"'" 
Pass, and no Skippers or Boatmen shall carry away 
any persons without a pass, under the penalty of the 
Edict issued on the 4 July, 1647. 

Seventhly, that every one shall properly build on order 

. respecting 

the Lots granted to and ob tamed by them, having in^Loto?'"* 
previously notified ^he appointed street surveyors, 
pursuant to the Ordinance of the 26 July, 1647. 

Eighthly, no Tavern keepers shall be permitted to NoTaTem 
brew, or any Brewers to tap, or to retail by the half briwf'^ 
can, any small or strong Beer, according to the Ordi- nothfMtau 
nance of the 12 January, 1648, afterward renewed 
at divers times. 



S44 



LAWS OF 



Orders 
respecting 
Wooden 
chmmeys. 



To use no 

Weights or 
Measures 
except those 
of AmsUr- 
dam. 



Order 

aeainst 
Fighting. 



To perform 
no unlaw- 
ful work on 
the Sabbath, 



Not to 
detain or 
debauch 
another per- 
son's man 
or maid 
servants. 



Wo Wine OP 
Beer to be 
delivered 
or taken 
from a cel- 
lar without 
notice. 



Ninthly, in order to prevent Fire and damage, no 
person shall be allowed to build within the city of 
New Amsterdam, any Wooden or plastered Chimneys, 
or repair those built ; also, all Chimneys shall be 
properly swept and kept clean, subject to the inspec- 
tion of the Fire-wardens, according to the Ordinance 
of the 23 January, 1648. 

lOthly. 'So other Weight, Ell or Measure, to be 
used within this, our government, except those of 
Amsterdam, according to the Edict of the 10 March, 
1648. 

llthly. All Fighting, Wounding, drawingof Knives, 
and Assaults, are also forbidden, agreeably to the 
laudable custom of the aforesaid City of Amsterdam, 
and all .Innkeepers and Tavern keepers remain bound 
and obliged by oath, to make known imiftediately to 
the F^cal such Fighting, Wounding, drawing of 
Knives and assaults, on pain of being debarred from 
business, besides the fine affixed thereto. Amplified 
15 December, 1657. 

i2thly, on the Sabbath of the Lof3, tt& person 
shall fish, hunt, or perform any ordinary business, 
much less commit any unlawful acts, on pain of 
bodily arrest and arbitrary correction, pursuant to 
the Ordinance of 29 April, 1648. 

ISthly, not to debauch or incite any person's ser- 
vants, male or female, or to harbor them, or fugi- 
tives, and strangers, longer than 24 hours, -without 
notifyiug the Fiscal, Magistrates or Schouts, and all 
servant men and women remain bound to fulfill and 
complete their contracts, on pain of arbitrary correc- 
tion, according to the Ordinance of the 6 October, 
1648. 

14thly, no Brewers, Factors or Merchants, shall 
be allowed to deliver any Wine or Beer they have 
sold, or to remove the same out of their houses, from 
one cellar into another, without having first entered 



NEW NETHERLAND. 345 

it, and received an Excise permit therefor, on pain 
of forfeiting sucli Wine and«Beer, and paying the 
fine imposed thereon, by the Edict of the 8 November, 
1648. 

ISthly, all Bakers shall bake the white bread and ^^^%^^^ 
coarse bread according to the weight, and sell it at 
the price established, or hereafter to be established, 
according to the dearness of the grain, pursuant to 
the Order and Edicts repeatedly renewed, the last 
dated 26 September, 1656. 

16thly, all streets, paths and highways, are to be ^'f|^^^^j?g*' 
properly maintained, constructed, cleaned and kept fnp?oper' 

order. 

passable, according to the Ordinance of the 23 May, 
1650. 

17thly, in order to prevent all Frauds and Smug- o^'^fp'^Hng 
glinfe, the- Director General and Council Ordained, ^-^^sgui^E- 
under date 28 August, 1651, that all Ships and Ves- 
sels' departing from here to Fatherland, Virginia, 
South river or elsewhere, shall be obliged to take in 
their full loading in front of this city New Amsterdam, 
also provide themselves here with necessary Fire- 
wdod and Water, and after their departure from this 
City, allow no boats, scows or craft to board them 
without a special permit from the Hon'''® Director 
General, the Fiscal or whomsoever shall be authorized 
thereto by th« Director General and Council, on 
pain as is more fully set forth in the Ordinance 
aforesaid. 

ISthly, no person shall be at liberty to gallop or °|ffn';,tp^t 
drive fast with any Wagon, Cart or Sleigh inside "''^'""s- 
the gates and walls of this City, but the driver shall 
walk alongside it and not sit thereupon, according to 
the Edict dated 12 June, 1657. 

lOthly, on the arrival of any Ships, either from oi-^e^^ 
Fatherland or elsewhere, no person shall attempt, on f^lT"^ 
the first arrival, to go on board, before and until the 
letters are delivered to the General, under the penalty 

44 



346 



LAWS OF 



Order 
respecting 



age of 



Order 
respecting 
tSailora' 
Iteigbt. 



of fl.25, and, in addition, of the Canoe, Boat or Scow 
in which parties go on board, according to Ordinance 
dated 12 June, 1657. 

20th, not to come to an anchor except at the ordi- 
siSpfc nary anchorage ground, and not to convey any goods 
on board or from shipboard, except in daylight, 
according to Ordinance dated as above. 

21st. No skippers or sailors shall be at liberty to 
bring with them any goods or Merchandise under the 
name of Seamen's freight, in any case exceeding 
two months' (wages), on pain of confiscation, accord- 
ing to Ordinance and Edict dated 12 August, 1657. 



Note. — On the 9 April, 1658, Secretary Van Buyven was ordered to 
make an Abstract of the principal Ordinances, in order to their neces- 
sary renewal. N. Y. Col. MSS. VIII. 817. The above Ordinance 
seems to have been in compliance of that resolution, and constitutes 
the first Revised Edition of those Laws. Tb. 



Benewal 
of certain 
Ordinances 
therein 
mentioned. 



ORDINANCE 

[N. T. Col. MSS. Vin. 814.] " . 

9 April, 1658. This day is renewed the Ordinance 
issued against the Importation of Munitions of War; 
against the unseasonable loading and unloading of 
Yachts, Ketches and Barks; against carrying per- 
sons away without a Pass, &c. 

Note. — It appears by the Letters of the Directors at Amsterdam 
to Gov. Stuyvesant, dated 22 December, 1657, and 5 January, 1658, that 
these Ordinances were drawn up in Holland, and sent printed to 
Nevj Netherland. N. Y. Col. MSS. XII. 69, 71. Tk. 



NEW NETHERLAND. 347 

ORDINANCE 

Of the Director General and Council of New Netherland against 
cutting Sods or dredging Oyster shells on Manhattan Island, within 
certain limits. Passed 11 April, 1658. 

[N. r. Col. MSS. Tin. 823.] 

Whereas the Director General and Council of preamwe. 
Ne7v Netherland see and observe, by their own expe- 
rience, that some persons undertake to cut and cause 
to be cut sods, not only between the Walls of this 
City and the Fresh Water, but also here and there on 
the Highway within this City, which, besides destroy- 
ing the neatness and serviceableness of the road, 
would be the cause of a want of sods when the forti- 
cations of this City are to be mended and repaired, 
wherein it is necessary that provision be made for the 
public advantage; Therefore the Director General 
and Council aforesaid do hereby most expressly inter- ^^"051 "ods 
diet and forbid all persons, of what quality soever mon^pS™' 

ture. or on 

they may be, from attemptmg to cut or causing to be ^|j.fi^%,„ 
cut any sods on the Common Pasture, between the iiHoatl'Si- 

" mission. 

Walls of this City and the Fresh Water, much less 
on the Highway within this City, without the knowl- 
edge or consent of the Director General and Council, 
under a fine qf 25 guilders for the first time, and 50 ^'"""y- 
guilders for the second time. 

Further, the Director General and Council aforesaid °iJ?nfnotto 
interdict and forbid all persons from continuing to Snthc^ll^t 

■■^ '^ or N< rth 

dig or dredge any Oyster shells on the East River or \^^l^^^- 
on the North Elver, between this City and the Fresh 
Water, on' a like penalty, as the Director General 
and Council consider such to be for the public 
advantage. 

Thus done at the Meeting of the Director General 
and Council in Fort Amsterdam in New Netherland, 
the 11 April, A" 1658. 



limits. 



S48 



LAWS OF 



Preamble. 



Goods' 
imported 
from the 
NurOi, VLr- 
pinia. or 
clsewbf^re 
to pay 10 
ppF cent 
duty. 



Provis- 
ions, Malt, 

Tobacco 
and Sugar 
excepted. 
Wine, Beer, 
Vinegar and 
Oil, declared 
to be Goods. 



ORDINANCE 

Of the Director General and Council of New Netherland explaining 

what Goods are subject to Import Duty. Passed 16 April, 1658. 

[N. T. CoL MSS. TUL 843.] 

The Director General and Council of New Nether- 
land having been requested to state what duty the 
Goods imported here from Virginia, the North or 
elsewhere, outside of this Province, shall have to pay, 
and what Goods are subject to duty and what not, it 
is hereby resolved and Ordained by the Director 
General and Council aforesaid, that all Merchandises 
imported here from the North, Virginia or elsewhere, 
outside this Province, shall pay a Duty of 10 per cent 
of the true value, except Provisions, Malt, Tobacco 
and Sugar, which shall still be free from duty.* 
Under Merchandises are included and reckoned all 
Wines, Beer, Yinegar and Oil, on which the same 
Duties shall be paid as on other Merchandises. 

Dated as above. 



*■ 15 May, 1657. It being proposed in Council whether the Sugars 
imported from Barbadoes and other Islands should pay the Import 
duty, it was unanimously voted No, but to connive thereat in order to 
encourage Trade. But they shall pay a Duty of 8 per cent when 
exported from this place. N. Y. Col. MSS. VIII. 580. Tr. 



NEW NETHERLAND. 349 



OKDINANCE 

Of the Director General and Council of New Netherland continuing 
the Ordinance of the 27 April, 1G56, and further regulating tim 
Duties payable on Imported and Exported Goods. Passed 23 April, 
1658. 

[N. T. Col. MSS. Vm. 852.] 

All Merchants, Traders, Skippers, Boatmen, also 
Inhabitants and Foreigners, of "what quality or 
Nation soever they may be, are hereby notified that, 
conformably to the Ordinance and Edict on this sub- ^1^^%^ 
ject enacted and published the 27 April, 1656, no beVem°ill 

from Neto 

persons shall be allowed to embark, convey or tran- ;f,™|fg""""' 
ship by water or by land, any Peltries of any descrip- ""''"*■""* 
tion whatsoever, or any Wines and Beer, or even to 
remove anything outSide the gates of this City, unless 
they have previously entered the same with Nicolas 
Yerlet, commissary of the Company's Warehouse, 
and herein Collector of the Export Duties, in their 
exact quantitj^ quality and description, and received 
thereof an export Permit, whereupon shall appear, ^t,^^""^ 
besides the quantity and quality, from whom received 
and to whom consigned, and, if they are conveyed 
out of this Jurisdiction promptly, to pay thereof to 
the aforesaid, our appointed Collector, 8 per cent of ^utyon 
all Peltries in species, or the just value thereof in 
good Merchantable Wampum, according to the 
Counting-house rate. 

For a tun of Beer, fl.2. 2. Beer, 

For an anker of Brandy, Spanish Wine or Branay, 

Liquor, 2.2. 

For an anker of French or Ehenish Wine or wmeor 

Mead. 

Mead, 1.1. 

on the penalty of forfeiting the smuggled and seized penalty. 
"Wines, Beer and Peltries, and double the value 
thereof. 



350 



LAWS OF 



Peltries, 
Wines, 
&c., to be 
exported 
on the day 
they are 
entered, or a 



New Per- 
mit to be 
taken out. 



Imported 
Goods not to 
be unloaded 
until 
entered, and 



Ten per cent 
Duty paid 
thereon, 



Provisions 
excepted. 

Oil, Wine, 
Vinegar, 
and B(-er 
subject to 
Duty. 
Free Goods. 



Goods for 
export to 
be entered 
on the day 
of depart- 
ure, and 
to he 



Subject to 
Inspection. 



Penalty. 



The entered Peltries, "Wines Beer and Spirituous 
Liquors shall be shipped, carried away and removed 
on the same day, and that by daylight, between the 
rising and setting of the Sun, and if, through neglect, 
they are shipped, carried away or removed on the 
lollowing or on any other day, another export Permit 
shall be applied for and obtained from the aforesaid 
Collector on that day on which they are shipped, on 
the aforesaid penalty. 

Further, the Director General and Council give 
notice that no person, of what quality or Nation soever 
he may be, shall discharge or unload any goods or 
Merchandises coming from abroad before and until he 
have entered the same in their species, quantity and 
quality with the Director General or his deputy, the 
Fiscal, or, in his absence, with the aforesaid Commis- 
sary, Nicolas Yerleth, and paid thereof the heretofore 
Ordained 10 per cent in kind, or the Value thereof 
in good merchantable Wampum, according to the 
rate of the Counting-house, on the aforesaid penalty. 
But from this are exempt all sorts of Provisions, 
except Oil, Wine, Vinegar and Beer, on which, as on 
all other merchandises the Duty shall be paid. Also, 
no duty shall be paid on imported Wampum, Tobacco, 
Sugar, Indigo, Cotton, Hides and other native pro- 
ducts and fruits of this country ifl America. 

Finally, the Director General and Council enact 
anew that all Ships, Yachts, Barks, Ketches, Sloops, 
or any other Vessels intending to sail or make a voy- 
age beyond or within this Province, shall, on the day 
of their departure, enter with the Fiscal, or, in his 
absence, with the aforesaid Commissary, by list, 
specifically, the Merchandises, Peltries, Wines and 
Beer embarked, and submit, after the entry, to the 
inspection of the Fiscal, Commissary or any other 
deputy of the Director General and Council, on the 
fine as aforesaid, one-third of which fine shall be paid 



NEW NETHERLAND. 351 

to the discoverer and informer of any Frauds and 
Smuggling. 
To the end that no man shall plead ignorance, the Lawtobe 

transl&tsd 

Director General and Council of Neiv Netherland Lndl?endS 
Ordain and command their Fiscal to have these 
presents translated and posted in the English and 
French Languages, and after the posting, to proceed 
against the Oontraveners, as the case may require. , 
Thus done, resumed and enacted at the Meeting of 
the Director General and Council holden in Fort 
Amsterdam in New Netherland, the 23 April, 1658. 



ORDINANCE 

Of the Director General and Council of New Netherland regulating the 
Duties and Fees of Court messengers. Passed 23 April, 165S. 

[N. Y. Col. MSS. Vni. 85T.] 

FiEST, whoever will sue anyone at Law, shall f^^^fi^"'^ 
summon him by the Court messenger, or Bailiff, for ^mmon°ed® 

at least one 

the next session of the Court, which summons must t?M.txcept 
be served at least one day before, unless in case of ISsraf""' 
arrest, or difference between Strangers, when it may 
be served on the very day of the Session. 

2. 

The Bailiff or Court messenger shall give in a Bamir 
written return, and state therein where and on whom len^e' 
the summons shall have been served, together with 
the Answer. 

3. 

All Judgments, interlocutory or definitive, whereby Judg- 
anyone is condemned to pay money, or deposit it in ?r^om?or^not 
Court, shall, if no Appeal be lodged in cases where ^''''^'*'''^' 
an Appeal can be taken, be put in execution within 
ten days in manner as follows : 



352 



LAWS OF 



To be 

served on 
Delendant, 
who is to be 
called onto 
Eatlsiy tbe 
same. 



If Judg- 
ment be not 
Batisfied, 
Furniture 
and Mova- 
bles to be 
Belzed and 
Inventoried 
in the pres- 
ence or two 
Bcbepens, 
and sold 
after six 
days, due 
notice hav- 
ing been 
given. 



Heal estate 
to be seized 
and sold 
Biter notice 
be given, if 
the sale of 
the Mova- 
bles do not 
satisfy the 
Judgment. 



Court to 
give Title. 



4. 
The Bailiff or Court messenger shall proceed with 
the Judgment to the person, or dwelling-house of 
him against whom he holds the judgment, and sum- 
mon him to pay within 24 hours ; on the expiration 
of the 24 hours, if no payment has been made, the 
aforesaid Bailiff or Court messenger shall again 
demand satisfaction of the aforesaid Judgment, and 
if he remain still in default, he shall, in the presence 
of two Schepens, attach or seize, under inventory, 
the Furniture and Movables, unless the Defendant 
show the Officer some Furniture or personal property 
on which he desires the Execution to be levied ; The 
said goods shall be kept for the term of Six days, in 
order to allow the Defendant to pay in the mean- 
while ; and after notice has been given at one session 
of the Court, the aforesaid Movables shall be sold on 
the next Court day to the highest bidder for ready 
money. 

5. 
And if the payment cannot be made out of the 
moneys realized from the aforesaid Furniture, the 
said Bailiff or Court messenger shall seize the Eeal 
estate of the Defendant, and publicly sell it for ready 
money, after four Court days' notice, and also by 
posting of notices, provided the Defendant be so 
notified on the first notice or proclamation ; and a 
Decree of Title shall be delivered to the purchaser 
by the Director and Council, or Burgomasters and 
Schepens. 



6. 

llimtSfm ■^'^'1 if til® aforesaid property be still insuflBcient, 
Sanding thcu he shall attach all outstanding Debts due to the 

Debts due to _.,.-i -i.-i ^ /. -, 

fenda^tto Defendant, which, after four days' notice, shall be 
be sold. g^ij ^^ ^j^g highest bidder for ready money, as afore- 
said. 



NEW NETHERLAND. 353 

.7. 
All Judgments rendered in Eeal actions, whereby Judgmenu 

° •' against 

any Houses, Lands or property are adjudged to tbe ifa^dT"' 
PlaintiflF, shall also be put in execution,, after ten e™cuteci! 
days subsequent to the date of Judgment, in the fol- 
lowing manner: 

8. 
The Defendant, and also the occupant of the poJS?to 
adjudged property, shall be summoned by the Court tovIcSI 
messenger, or Bailiff, to withdraw from, and vacate S'ay"''"'"^ 
the adjudged property within three days, and to let 
the successful party enter into possession, and if they 
do not do so within the aforesaid three days, the 
Defendant or Occ#pant shall be, after that, actually J^^^ffif^j^ 
ejected therefrom, and the successful party x>ut in "mmaint 
possession, in the presence or two of the Court, possession. 
under the superintendence of the Schout, Fiscal or 
Secretary. 

9, 
All Judgments, whereby anyone is condemned to fo°?f^™'= 
render account, proof or residue, or to do any other baia!J?e fo"'' 
act, shall be executed after ten days, and after pre- »«erio 
vious Summons as aforesaid, in the following man- 
ner : The condemned shall stand arrested at a certain Defendant 

then to bp 

Tavern on pain of Twelve guilders, and on the day Taver"fiu- 
appointed, if he do not so appear in confinement he ^^'"p™ 
shall be looked up by the Court messenger, and if 
the Messenger do not find him, he shall forthwith be 
apprehended and imprisoned, with the aid of the 
Fiscal or Schout. 

10. 

The Court messengers or Ushers, putting in execu- ^^^Hf 

tion, as Bailiffs, the Mandamuses and Orders of ^^er/'ofthe 

justice, issued by the Director General and Council, "i^^'^fiy 

shall be bound to serve all summons on the persons, Defmcfant's 

-t -... ^.1 t i, -n boose, and 

or at the dwellmgs of those whom they will summon, 
in case they have a domicile, and to leave the copy 

45 



354 



LAWS OF 



Return ot 
flervice to 
be made. 



Local officer 
to assist If 
necessary In 
levying 
executions. 



Court 

messengers 
to report 
cases of 
resistance, 
or refusal 
of assis- 
tance. 



Deposits of 
nxoney 
in contro- 
versy, when 
ordered, to 
be paid to 
the Plaintiff, 
or lodged iu 
Court. 



Court 

messengers 
responsi- 
ble for 



of the aforesaid Mandamus and Order, at the cost of 
the Petitioner, with the Defendant aforesaid, or some 
of his family, with a note or memorandum on the 
aforesaid copy, when the session of the Oonrt shall 
be .held, on pain of Six guilders each time, for the 
benefit of the Poor; and farther conduct themselves 
in regard to the return, as is ordered in Article 2. 

11. 
The Bailiffs or Court messengers, wishing to levy 
any Executions, really and in deed, shall, if thej'^ 
deem necessary, call on the OfiBcer of the place, city, 
or village, and request his assistance, which aid the 
aforesaid Officer shall be bound momptly to render. 

12. 

Item. "Whenever parties resist the execution by 
words or action, also in case the Officers, Magis- 
trates or others, offer them any resistance, hindrance 
or obstruction, or refuse assistance, the aforesaid 
Court messengers or Bailiffs, shall be bound faithfully 
to report the same, and to deliver a copy of their 
proceedings into the hands of the Fiscal, in order 
that such resistants may be summoned before the 
Director General and Council. 

13. 

The Court messengers or Bailiffs, executing any 
order for the deposit of money in controversy,* shivll 
be bound immediately to deliver the deposit afore- 
said, into the hands of the party, or to bring it in 
consignment to the Court, or Secretary of the place. 

14. 

If the Court messengers or Bailiffs, when executing 
any Judgment or Order issued by the Director Gen- 



^' Namptissement. This was an Order obtained, in certain cases, by 
the Plaintiff to oblige the Defendant to pay money sued for into 
Court, or to the Plaintiff, under bond dc restituendo. Wassenaer 
J^axis Judicieel, p. 122. Tb. 



NEW NETHERLAND. 355 

eral and Council, be found to Lave badly executed it, En-oneona, 

' ^ ' negligent or 

or to bave fraudulently and iu bad faith, or through ^xecml™' 
manifest neijliaence, exceeded or overstepped the me^ntsfknd 

o a y II- must cor- 

words and form of their authority and commission, J^e."^ 
they must answer for such act, and correct their pro- 
ceeding, on the Order and decision of the Director 
General and Council ; and, in such case, the Plaintiff namtiffs 

' ' ' not respon- 

who employed them shall not be permitted to assume auitiSto 

.*. f* t n t in offer indem- 

the responsibility of the case for them, nor shall any ^y}"^""^ 



pledge of indemnity given to them by him avail 
them as an excuse. 

15. 
The Court messengers or Bailiffs shall be bound to court 

. "^ messen- 

' accompany the Fiscal, and assist him in all Civil exe- g^frS^fun 
cntions which the Fiscal is ordered to levy by the "' ''"^' 
Director General and Council. 

IG. 
The Court messengers or Bailiffs shall content Fees of 

O Court 

themselves with, and may demand, the following ">«=="se"- 

Fees, and no more : 

For a single Summons within the 

circuit of this place, Twelve stivers. 

For a single Summons outside that 

limit, Eighteen stivers. 

On condition of paying therefrom 

to the Secretary for entering the 

action, Six stivers. 

For an Arrest within this City, fl.0. 12. 

outside this City, 1. 4. 

For committing a person 1. 4. 

For keeping the prisoner between night and 

day, 2. 0. 

For serving a Mandamus within this City, . 1. 10. 

outside the same, 2. 10. 

Other services and labor not expressed or specified 
herein shall remain subject to the discretion and 
taxation of the Director General and Council. 



356 



LAWS OP 



Court mes- 
sengers not 
entitled to 
Fees in cases 
wherein the 
Com pan} is 
conceraed. 



Power 
to alter 
this Law, 
reserved. 



In Oases, Services and Citations relating to the 
Hou^^^ Company, or where the Fiscal and Sellout 
are concerned ex officio, the Court messengers shall be 
bound to act for the ordinary Salary allowed them. 

The interpretation, alteration and enlargement 
hereof shall be subject to the judgment and disposi- 
tion of the Director General and Council aforesaid. 

Thus done and provisionally Ordained the 23 April, 
A° 1658, at the Meeting of the Director General and 
Council, holden in Fort Amsterdam in Neiv Nether- 
land. 



OR-t>INA]SrCE 



Crops 
Dot to be 
removed 
from the 
field until 
an arraage- 
ment be 
made for 
the Tenths. 



GommlA- 
Bioners for 
the Tenths. 



In case no 
arrange- 
ment be 
made, the 
Tenths to be 
told out. 



Penalty. 



Of the Director General and Council of New Nelherland for the 

payment of Tenths. Passed 2 July, 1658. 

[N. T. Col. MSS. VUI. 899.] 

The Director General and Council of Neiv Nether- 
land do hereby notify and warn all those who, accord- 
ing to their Patents and Deeds, are indebted for 
Tenths, that no person shall attempt to remove his 
cultivated crops, whether Grain, Maize or Tobacco, 
before and until he have agreed abont the Tenths 
for this year with the Director General and Council 
or their Commissioners, Mess'^ Peter Tonneman and 
Johan de Decker e, or, in case of non-agreement, have 
shown his crops to said Commissioners, in order to 
select and count out the Tenths, according to the 
usage and custom of our Fatherland, on pain of for- 
feiting 50 guilders above the just value of the Tenths 
to be estimated by impartial men ; said fine to be 
paid by whomsoever shall be found to have acted 
contrary hereunto. Dated as above. 



NEW NETHERLAND. 357 

ORDINAlSrCE 

Of the Director General and Council of New Netlicrland making 
Wampum a legal Tender in certain cases, and fixing the price of 
Bread and Liquors. Passed 11 November, 1658. 
[N. T. Col. MSS. Vm. 1023.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who see these Presents or hear them 
read, Greeting, make known. 

Whereas, notwithstanding the former reduction preamw*. 
of Wampum at the General counting house, from Six 
to Eight white, and from Three to Four black [beads] 
for one stiver, they are still informed, both by a 
Remonstrance of the Burgomasters and Schepens of 
this City, and by reports of others, of the high, 
excessive and intolerable dearness of needful com- 
modities and family necessaries, arising among other 
causes, from the abundance and uncurrent condition 
of the Wampum, which in barter for Beaver, has Dcpreda- 
risen to 16 guilders and more for one Beaver ; accord- wampum. 
ing to which rate, all household commodities and 
common daily necessaries take their course, even to 
such a degree, that a difference of 80, 90, yea 
100 per cent is made by Shopkeepers, Tradesmen, 
Brewers, Bakers, Tapsters, and Grocers, if they work 
and sell their wares for Beavers or Wampum, which 
has necessitated and induced the Director General and 
Council aforesaid, at the further request of the Bur- 
gomasters and Schepens of this City, to allow Wam- 
pum to be current, according to the abovementioned 
reduction of the Counting house, to wit : in place of ^^^"/.^^^ 
6, Eight white, and in place of three, Pour black for 
one stiver. But whereas from past experience, it is 
not only to be feared, but may probably follow, that, 
by this reduction, the complaints and dearness will 
not be prevented, nor the dispiroportion between the 



358 



LAWS OF 



Wampnm 
declared 
to be Mer- 
chandise 
and to be 
exchanged 
by measure. 



Not a legal 
Tender 
above 24 
guilders, 
unless by 
agreement. 



Bakers, 
Brewers, 
and Tap- 
sters and 
others to sell 
their com- 
modities at 
tbe prices 
lixed by 
law ; to wit. 



pay in Beaver or Wampum remedied ; but, on the 
contrary, it is to be presumed, that the more Beads 
tbe Traders receive for a stiver, tbe greater lengtb of 
bands or fathoms they will give for a Beaver, and 
consequently, the dearness of wares and even of tbe 
most necessary articles, such as Beer and Bread, will 
continue and be exercised on the ground of the still too 
great disproportion between the Wampum and Beaver, 

In order to remedy and prevent this in future as 
much as possible, tbe Director and Council cannot, 
as yet, discover any better expedient or means, than 
again to declare Wampum, as it has already been 
frequently declared, to wit, an absolute article of 
Merchandise, to be, according to its value and qual- 
ity, bought and sold, bartered and exchanged by 
measure or guilder, as parties — buyer and seller — 
can agree; and that payment in Wampnm above 24 
guilders shall not be valid in law, unless it appear, 
otherwise to the Court, by written contract or 
acknowledgment of parties. 

But, inasmuch as Wampum, for want of a better 
Currency, and as a means to procure family supplies 
for dally use, must pass between man and man, 
buyer and seller, the Director General and Council 
judge it necessary in future to reduce, not Wampum, 
but the most necessary articles, such as Bread, Beer 
and Wine, and to raise or lower tbe prices of them 
according to the value of Beavers, as the general 
market rate shall require. Therefore, the Director 
General and Council do Ordain and command Bakers, 
Brewers, Tapsters and others, who sell by the small 
measure, not to sell or to retail Bread, Beer and 
Wine, at a higher price than that to be fixed by the 
Director General and Council themselves, or by 
the respective subaltern Magistrates, each in his juris- 
diction, with the knowledge of the Director General 
and Council. 



NEW NETHERLAND. 359 

Wherefore, to prevent the altogether too great 
clamor and complaint of dearness, and to enact some 
Eegnlations with regard to the most necessary arti- 
cles, such as Bread, Beer and Wine, according to 
■which others can in course of time be regulated and 
reduced, the Director General and Council have, after 
communication with, and on the advice of, the Bur- 
gomasters of this City, concluded, resolved and 
Ordained, as they do hereby Ordain, that Brewers, 
Tapsters, Bakers, also other Storekeepers and Gro- 
cers, shall offer for sale to the purchaser, the daily 
most necessary domestic commodities at three prices, ^\|Jl^, 
to wit. Silver money, Beaver, or Wampum, as it is leS5e'r,or 
at present provisionally reduced everywhere through- 
out this Province, videlicet. Eight white and Four S^'^'^n,. 
Black for one stiver. According to which order 

The Brewer shall deliver 
The tun of Strong Beer @ 10 guilders in Silver, ^!^°l^ 
according to the value in Holland. Brewed.""' 

The tun of Strong Beer @ 15 guilders in Beaver; 

the Beaver @ 8 gl. 
The tun of Strong Beer @ 22 guilders in Wampum ; 

Bight white and Four Black for one stiver. 
The tun of Small Beer, 3 guilders in Silver. 

4J guilders in Beaver. 
6 guilders in Wampum. 

The Tavern keeper, 

Half a gallon of Beer, 6 stivers in Silver. b^°' 

9 stivers in Beaver. 
12 stivers in Wampum. 
A can of French Wine @ 18 stivers in Silver. wine,«na 

@ 22 stivers in Beaver. 
@ 36 stivers in Wampum. 
A can of Spanish Wine @ 24 stivers in Silver. 

@ 36 stivers in Beaver. 
@ 50 stivers in Wampum. 



360 LAWS OF 

when^s^o'id A gill of Brandy @ 5 stivers in Silver. 

by the 
Tavern- 
keeper. 



Tavern- ' @ 7 stlvcrs lu Beavcr. 



@ 10 stivers ia Wampum. 

The Bakers, 
S'ead."' -^ coarse Wheaten loaf, 8 lbs. weight @ 7 stivers in 
Silver. 

A coarse Wheaten loaf, 8 lbs. weight @ 10 stivers in 
Beaver. 

A coarse Wheaten loaf, 8 lbs. weight @ 14 stivers in 
Wampum. 

A Eye loaf, 8 lbs. in weight @ 6 stivers in Silver. 

@ 9 stivers in Beaver. 

A Eye loaf, 8 lbs. in weight @ 12 stivers in Wam- 
pum. 

A White loaf, 2 lbs. in weight @ 4 stivers in Silver. 

A White loaf, 2 lbs. in weight @ 6 stivers in Beaver. 

A White loaf, 2 lbs. in weight @ 8 stivers in Wam- 
pum. 
Thus done, resumed and enacted at the Meeting of 

the Director General and Council, holden in Fort 

Amsterdam in New Netherland, the 11 November, A° 

1658. 
P. Stuyvesant, Nicasius de SiUe, La Montague, 

Pieter Tonneman. 



NEW NETHERLAND. 361 

ORDIISrANCE 

Of the Director General and Council of New Netherland for the 

immediate Settlement of Haerlem. Passed 27 November, 1658. 

[N. Y. Col. MSS. Vin. 1044.] 

All persons whom it may concera are hereby 
premonished and notified that all those who have 
obtained Lots or Plantations in the newly becrun Lots and 

*' o Farms in 

Village of Haerlem, shall take possession, or cause S'Ven'S'd"' 
possession to be taken thereof, and commence pre- ''^f„''^i.°° 
parations for fencing and planting the same, within f"'^^"""' 
the space of Six weeks from the date hereof, on pain 
of having the Lots and Plantations which are not 
entered upon within that time, given and granted to 
others, who may be disposed to improve them. 



ORDINAI^CE 

01 the Vice-Director and Commissaries of Fort Orange for the proper 

Assize of Bread. Passed 27 November, 1658. 

[Book A, Mortgage No. 1, Co. Clerk's OfBce, Albany, 108.] 

The Vice-director and Commissaries of Fort preamwa. 
Orange, Village of Beverwyck, and the dependencies 
thereof, having heard the manifold complaints of the 
scarcity of coarse Bread, which the Bakers, contrary 
to the Ordinance of the Director General and Council 
of Neiv Neilierland, published here the 6 October, A° 
1656, do not bake twice a week, the Coarse loaf at 16 
stivers, the White loaf in proportion, consuming, to 
the serious prejudice of the Commonalty, their Flour 
in baking of Koeckies (cakes) and white Bread for 
the Indians, without being weighed; Therefore the 
said Vice-Djrector and Worsh" Commissaries hereby 
Ordain, agreeably to the said Edict, that every one B|*«[^tj^ 
who follows the trade of baking, shall, from this time ''^'=''- 
forth, bake twice a week, coarse Bread for the accom- 

46 



362 



LAWS OF 



Price of 
Bread, 



Penalty. 



Bakers who 

do nnt bake 
In Winter 
siiatl not be 
permitted to 
bake in 
Suiuiner. 



Penalty. 



modation of the Public, and retail each coarse loaf 
for 8 stivers, eight white and fonr black Wampum 
beads to be counted for one stiver, and the White 
loaf, in proportion, according to the abovementioned 
Edict, and that provisionally, on account of the 
scarcity of Grain ; on the penalty that the Oontraveu- 
ers shall be excluded from their business for one year, 
and the white Bread confiscated which shall be found, 
and, in addition, they shall be fined 50 guilders. 

And inasmuch as it is found by experience that 
many, as well of this place as coming from elsewhere 
in the Trading season, make a business of baking 
Koeckies and white Bread without weighing, for the 
Indians, to the great injury of the Bakers, and quit 
baking in the Winter, the said Vice-director and 
Worshipful Commissaries do Ordain that the Bakers 
who quit baking after the Trading season and before 
Winter, and do not accommodate the Public in the 
Winter, shall also not bake in the Summer, on pain 
of fl.50, and the confiscation of the bread that is 
found. 

Thus done at the Meeting in the Fort Orange, the 
27 November, A" 1658. 



NEW NETHERLAND. 363 



ORDINANCE 

Of the Vice-Director and Commissaries of Fort Orange for the better 
prevention of Fires. Passed 27 November, 1658. 
[Book A, Mortgage No 1. in Co. Clerk's Office, Albanj-, 109.Jf 

Whereas daily experience teaches us that in con- preamwe. 
sequence of the foul and unswept condition of the 
Chiiunej's, these frequently catch fire, and commonly 
the Houses also; yea, oftentimes the neighboring 
houses where these are covered with ignitible ma- 
terials, whereby great damage is done, not only to 
the Houses and Goods, but also to Human beings, 
a sad spectacle; Therefore, the Vice-director and 
Worshiijful Commissaries of this Court, wishing, as 
by their oflBce and duty bound, to provide by all 
means in their power against such accidents, do 
hereby order all Burghers and Inhabitants of Fort chimneys 
Orange, and Village of Becerwyck, each one in partic- Stwu.v'S;* 
iilar, to keep the Chimneys of his respective house dein."^"' 
clean and free from the danger of fire, under a pen- 
alty of One pound Flemish for every Chimney that penalty. 
shall, 15 days after .the jiublication hereof, be foul 
and inspected as such, and he whose Chimney shall Jpj^JI. 
take fire through carelessness or neglect shall forfeit 
50 guilders. 

Done in Fort Orange, the 27 November, A" 1658. 



364 



LAWS OF 



Board- 
ing-house 
keepers to 
pay half 
T-ivern 
luxcise. 



ORDINANCE 

Of the Director General and Council of New Netherland obliging 
Boarding-house keepers to pay Excise. Pasaed 28 November, 1658. 
[N. Y. Col. MSS. Vin. 1046.] 

Whereas the Director General and Council are 
certainly informed that some persons, under pretense 
of keeping Boarders, sell Wine, Beer and Strong 
Liqnors, to the prejudice of the general Revenue and 
of the Tavern keepers who publicly follow that busi- 
ness, in order to prevent tlfe same, it is resolved and 
Ordained, by the Director General and Council, that 
all those who are keeping Boarders, shall pay half 
Tavern keepers' Excise on the Wine, Beer and Strong 
Liquors they will lay -in and consume. Dated as 
above. 



An Annual' 
Fair e-stab- 
lished in 
I^ew Ainster- 
dam during 
the month 
of May for 
Lean Cat- 
tie, and 



From the 
20 October to 
30 Novem- 
ber for Fat 
Cattl«. 



ORDIISrANCE 

For the establishment of two Cattle Fairs in New Amsterdam. 

Passed 28 November, 1658. 

[N. T. Col. MSS. Vin. 1018.] 

By an Order in Council, the Burgomasters and 
Schepens of Neio Amsterdam, were on their Peti- 
tion authorized to establish two Markets or Fairs, 
in that City ; one for Lean cattle, to commence on 
the first of May and to continue until the end of 
said month ; the other for Fat cattle, to commence 
on the 20th of October and to terminate on the 
last of November of each year, during which several 
periods, no Stranger within the City or its jurisdic- 
tion, should be subject to arrest or process. 

In regard to Ferriage, the Burgomasters and 
Schepens proposed that in place of twenty stivers, 
twenty-five stivers a head should be charged for the 
cattle brought over, on condition that the cattle 



NEW NETHERLAND. 365 

remaining unsold should be carried back free of 
charge. This was allowed, provided the Ferry- 
master consent thereto. 



ORDINANCE 

Of the Vice-Director and Commissaries of Fort Orange fixing the rate 
at which certain Debts may be paid in Wampum. Passed 29 
November, 1658. 

[Book A, Mortgage No 1, in Co. Clerk's Office, Albany, 109.] 

The Vice-director and Commissaries of Fort pr«amwe. 
Orange, Village of Beverwyck and dependencies 
thereof, having received an Ordinance of the Director 
General and Council of Neiv Netherland, concerning 
the value of Wampum, which they have had pub- 
lished on the 22d instant, and having afterward, on 
petition, taken into consideration some complaints 
of the Commonalty, respecting the rating of the 
Wampum, being greatly injured thereby : Therefore, ^^®^' 
the said Vice-director and the Commissaries aforesaid Scufrea 

"at fbrt 

do hereby Ordain that all the old debts which have °;,™'?'o 
been incurred before the publication of the above- furn''o"''thl 

Law regii- 

mentioned Ordinance, and which must be paid before ^^^"Slof® 
that time, may be discharged, within 8 days from ma^be^te- 
date, for six white and three black Wampum beads 
for one stiver. 

Thus done in the Court of Fort Orange, the 29 
November, A" 1658. 



cbarged. 



ORDINANCE 

Of the Director General and Council of New Netherland for the better 

preservation of Fences. Passed 30 December, 1658. 

[N. Y. Col. MS9. Vni. 60.] 

This is a renewal of the Ordinance of the 9 October, 1655, supra, 
p. 193. 



366 



LAWS OF 



ORDINANCE 

Of the Director General and Council of Kew Nelherland ag:ainst 
Firing guns, Planting May-poles, Beating Drums, or Selling Liquor 
on May-day or New-year's-day. Passed 30 December, 1658. 
[N. T. Col. MSS. Vm. 62.] 

This is a renewal of the Ordinance of the 31 December, 1665, supra, 
p. 205. 



Inhabit- 
ants of Fort 
Orajiije and 
Brvervryclc 
not to 
molest 
Indiana. 



PaoMj. 



ORDINANCE 

Of the Vice-Director and Commissaries of Fort Orange against 
molesting Indians within that jurisdiction. Passed 27 September, 
1G59. 

rSook A, Mortgage No. 1, in Co. Clerk's Office, Albany, 182.] 

The Worshipful Commissary and Commissaries of 
Fort Orange and Village of BeverwycJc, having heard 
divers complaints of the insults offered to the Indians 
by beatiug and striking them, which tends to a 
dangerous result, in order to provide against snch, 
and to prevent accidents in these dangerous times, 
they forbid, as they do hereby most expressly prohibit, 
all Inhabitants of this Jurisdiction, molesting any 
Indians, of what nation soever they may be, and that 
on pain of arbitrary correction. 

Thus done at the Meeting of the Court of Fort 
Orange and Village of Beverwyclc, in Fort Orange the 
27 September, A" 1659. 



NEW NETHERLAND. 367 



ORDINANCE 

Of the Vice-Director and Commissariea of Fort Orange regulating 
Tapsters; against playing Golf in the Streets; against pihng Fire- 
wood in the Streets and against firing Guns on New-year's-day. 
Passed 10 December, 1659. 

[Book A, Mortgage No. 1, in Co. Clerk's Office, Albany, 209.] 

The Worsb' CorumissaTy and Commissaries of Fort 
Orange and Village of Beverwyck Ordain, pursnaut to 
the Ordinance of the Hon*"'* Director General and 
Council of Neiv Netherland, pnblisbed here the 6th 
October, 1056, as they do hereby Ordain, that from ^"Pf-^,, 
this time forth no person shall follow the business of jl^"c^an»« 
Tapping, before and until he shall have received a J'JSIJf^iie 
License from the Officer, on condition of paying moStus. 
therefor One pound Flemish, and being bound to f^f^^^^^ 
renew his License every three mouths, on pain of sus- 
pension froA his business. 

The W. Commissary and Commissaries of* Fort 
Orange and Village of Beverwyclc, having heard divers 
complaints from the Burghers of this place, against 
l)layiiig at Golf along the streets, which causes great 
damage to the windows of the Houses, and exposes 
people to the danger of being wounded, and is con- no person 

^ *^ => ° ' to play at 

trary to the freedom of the Public Streets; Therefore stree'So'r* 
their "Worships, wishing to prevent the same, forbid »"^/™'- 
all persons i)laying Golf in the streets, on pain of 
forfeiting fl.25 for each person who shall be found penai'y- 
doing so. 

Whereas experience shows that many Burghers of 
the Village of Beverwyclc deposit and pile their Fire- 
wood in the Streets, contrary to the freedom of said 
Streets which must be always kept free and unob- 
structed, whereby not only people are incommoded, 
bat Wagons, Sleighs and Carts can with difficulty 
make use of said Streets, to the serious inconven- 
ience of the Public. Therefore the Commissary 



368 



LAWS OF 



Fire- 
wood not 
to remain 
piled in 
ttie Streets 
longer than 
10 days. 



Penalty. 



Guns not 
to be dis- 
charged in 
Bcverwyck 
on New- 
year's-day. 



Penalty. 



and Commissaries of Fort Orange and Village of 
Beverwyclc, wisliing to provide against siicb iucon- 
veuiences, hereby forbid each and every of the 
Inhabitants of Beverwycli from this time forward 
from allowing their Firewood to stand on the Street 
beyond the term of ten days, on paia of confiscating 
said Wood, and, in addition, paying a fine of fl.25. 

la like manner also, the Commissary and Commis- 
saries forbi/1, as they do hereby most expressly pro- 
hibit any of the Burghers or Inhabitants of the Yillage 
of Beverivycic, shooting on New-year's-day, on account 
of the great damage and disorder such firing causes ; 
on pain of Twenty-five [guilders] for each person who 
shall be found to have done so. 

Thus done in Fort Orange, at the Meeting of the 
Court of said place, on the tenth of December, A° 
1659. 



ORDINANCE 



Of the Directop^G-eneral and Council of New Netherland, for the 

establishment of Villages. Passed 9 February, 1660. 

[N. Y. Col. MSS. rx. 53.] 

Preamble. Whereas sad experience hath from time to time 
demonstrated that, in consequence of the separate 
and isolated dwellings of the Farmers, set up, in the 
Flatland, on various hooks and places, in direct 
opposition to the Order of the Hon"^^ Patroons and 
their Chief Magistrates here, many and divers Massa- 
cres and Murders of People, with slaughtering and 
killing of Cattle, and burning of Houses and Barns, 
have been committed and perpetrated now and again 
by the cruel Barbarians, which might, with God's 
help, be prevented, if the good Inhabitants of this 
Province had settled nearer each other in the form 
of Towns, Villages or Hamlets, like our neighbors of 
New England, who, by reason of their combination 



NEW NETHERLAND. 369 

and concentration, have never been subject to such, 
certainly not to so manifold and general calamities, 
as we and our Nation. "Which calamities have been 
caused and the Indians encouraged thereto, saving 
God's righteous chastisement, by the Farmers dwell- 
ing apart, it being notorious and remarkable, that 
similar murders have never occurred where 10 or 12 
persons have dwelt together in form of a Settlement, 
but always in isolated localities where the one cannot 
come to the assistance of the other in time of need, 
it being out of the power of the Director General 
and Council to provide each separate farm-house with 
a guard. 

In order to prevent and in future, put a stop, as 
much as possible, to such Massacres, Murders and 
Burnings, by cruel Barbarians, at the separate dwell- 
ings, the Director General and Council of New Nether- 
land do, therefore, hereby notify and Order all isolated 
Farmers in general, and each in particular, wherever Farmers 

" ^ lo remove 

they may reside, without any distinction of persons, fSlJylMd^' 
to remove their houses, goods and cattle before the prevtouato 

' o the middle 

last of March, or at latest the middle of April, and "he'^n'SJei? 
convey them to the Village or settlement, nearest ^^^^^"•"'^ 
and most convenient to them ; or, with the previous 
knowledge and approval of the Director General and 
Council, to a favorably situated and defensible spot 
in a new palisaded "Village to be hereafter formed, to a new^^ 
where all those who apply shall be shown and granted «^'»^'»^^- 
suitable Lots, by the Director General and Council or 
their Agents, so that the Director General and Coun- 
cil, in case of any difficulty with the cruel Barbarians, 
would be the better able to assist, maintain and pro- 
tect their good Subjects "with the force intrusted to 
them by God and the Supreme authority. Expressly 
warning and commanding all and every whom these 
may concern, to transport their property, previous to Property 
the time aforesaid, into Villages or HamlQts, on pain aJ^^ose 
47 



370 



After the 
above date 
to be con- 
fiscated. 



LAWS OF 

of confiscation of all such goods as shall be found, 
after the aforesaid time, in separate dwelling and 
farm-houses. For such the Director General and 
Council find to be for the Public good. 

Thus done at the Meeting of the Director General 
and Council holden in Fort Amsterdam, in New 
Netherland, 9 February, 1660. 



Sheriff, 
Clerk and 
Deputy 
Bbeiilf 



ORDINANCE 

Of the Director General and Council of New Netherland for inclosing 
the Village, and for the better Government of the Town of New 
Utrecht. Passed 23 Fehruary, 1660. 

[N. Y. Col. MSS. IX. 79.] 

Whekeas it is found that some Inhabitants who 
have obtained Lots or Plantations in the town of 
New Utrecht, and who were ordered and commanded 
to set off and to fence their Lots and Plantations, and, 
moreover, to acknowledge Jan Tomasse as their ser- 
geant, also to obey the said Jan Tomasse and Jacol) 
van Ciller* as Overseers of the public interests, and 
their orders given to them by the Director General 
and Council, notwithstanding which it is necessary 
that the Village be without delay palisaded by the 
Inhabitants in general, the Plantations properly 
secured by posts and rails, and that the Village lots 
and grounds be fenced or suitably separated, so that 
the one and the other may not suffer any damage 
from Horses, Cattle or Hogs. 

Therefore the Director General and Council, wish- 
ing to provide therein, and to promote the aforesaid 
Village and its increase as much as possible in future, 
have resolved and deemed it necessary that all the 
Inhabitants of the town of New TTtrecht shall hence- 
forth acknowledge the person of as their 



•Sic. 



NEW'NETHERLAND. 371 

Sheriff, and Jacob van Curler for Secretary, with also "f^J^^j 
Jan Tomasse for Deputy Sheriff, who shall decide all r-Ffvln"* 

Court; 

differences as far as they are ablC) enjoying the same Tueir 

powers. 

power as all other subaltern Town Courts. 

Secondly, that they shall collectively set Palisades inhawtantg 

•' •' •' to palisade 

around their Village in a proper manner, and the "'^vmage. 
absentees, if they will not have put some one in their {^^^^^f' 
stead to cut and set the palisades, shall forfeit every Elaned" 
day Six guilders for the public benefit. 

Item. They shall properly fence with ijosts and ^^{.^"j'J^bo 
rails their Lands and Plantations, and divide the EsS 
same among each other by lot, so that each one may 
know what he has to take care of: and whosoever fails persons 

' neglecting 

to keep his share close, whereby another should come {SefrTands, 
to suffer damage, whether from Horses, Cattle or ale^sYnd"" 

° ' a fane. 

Hogs, shall not only be bound to make good the 
damage, but, in addition, also, forfeit, for the first 
time, Twelve guilders ; for the second time, double, 
and so forth. 

Item. They shall construct a close fence around },'"ugfbe 
their Lots in the Village, so as not to cause any '^°" ' 
trouble to their neighbors by Cows, Horses or Hogs, 
on the penalty as aforesaid; and the injured party cattie 

trespass- 
may seize the trespassing Cattle in the presence of }Sfpounded, 

one or two men, and place them in the Pound, until S^^ a™" 

fine are 

the damage be repaired and the fine paid. p^<^ 

Item. They shall conjointly construct in the center Mock-^ 
of their Village, a suitable Blockhouse, where the i** erected: 
Grist-mill shall be provisionally placed for the public 
convenience ; whosever absents himself shall be fined 
12 guilders for the benefit of the Town. 

A public Well shall be dug there also, on the Yu^^^ad" 
penalty as aforesaid. 

Item. A Pound for the Cattle that may have com- ^s°t°^^boa_ 
mitted any damage on any person, on pain of forfeit- 
ing Two guilders for the Public. 



372 



LAWS OF 



Boads to 
be cleared 
and leveled. 



Penalty. 



Persons 
ready to 
build, to 
have tbe 
choice of 
lAts. 



Ordinance 
to bepub- 
lisbed, and 
violators 
thereof 
prosecuted. 



Item. They shall conjointly, whenever necessary, 
clear and level the Eoads and fell the Trees, in order 
that men shall be able to see to a far distance ; on 
the penalty of Six guilders a day. 

To the end that the Village may be the sooner and 
quicker settled and built up by one another, the 
Director General and Council Ordain, that whosoever 
is first ready to build shall have a preference of 
choice, even notwithstanding such person's chance 
may have fallen on a different lot. 

And in order that no person may plead ignorance 
hereof, the Director General and Council order and 
command, that this their Ordinance shall be immedi- 
ately published and posted. They further charge 
the Fiscal, Schout, and Deputies to execute it; to 
prosecute and cause to be prosecuted the contraven- 
ers and violators thereof, without favor or partiality, 
for such We have deemed to be for the service of the 
Village of New Utrecht. 

Thus done at the Meeting of the Director General 
and Council, holden in Fort Amsterdam, in New 
NetJierland, the 23 February, 1660. 



NEW NETHERLAND. 373 



ORDINANCE 

Of the Director General and Council of New Netherland for the 
better preservation of the Palisades around the Villages of Midwout 
and Amesfoort Passed 26 lebruary, 1060. 
[N. T. Col. MSS. Vm. 99.] 

"Whbkeas the Director General and Council of preamwe. 
New Netherland see and observe, to their great regret, 
that the Palisades set np around the Villages of Mid- 
wout and Amesfoort, with great pains and labor, by 
the Commonalty for their more effectual defense, are 
daily decaying, and will still more and more decay, if 
seasonable provision be not made against it; And 
whereas the present circumstances of the country 
imperatively demand, not only the concentration of 
Settlements, and the bringing together of all separate 
dwelling and farm-houses, but, also, the maintaining 
and putting into a proper state of defense of those 
places which are already palisaded and set off; 

Therefore, the Director General and Council afore- 
said, in order to promote as far as possible this neces- 
sary work, hereby not only commission and authorize, Magtstratw 
but also expressly Order aijd command, the Magis- ^^^' 
trates of the abovementioned Villages of Midwout tStplu^ 
and Amesfoort, above all things to take care that the 
Palisades and demarkation be properly maintained 
and kept in repair. For the better effecting and 
prosecuting this work, they shall assign, to each of to asmgn 
the Inhabitants in his respective Village, a certain Lnts^mt''" 
portion which he must keep in repair, and then, ^^^"Vep 
without fail, go around themselves in person, every fn"pMtthe 
14 days, and inspect the work to see if all of it be in 
proper order. And the Inhabitants of said Villages g^g*"^^ 
are hereby, likewise, expressly commanded and SfSJa^" 
directed, on the order and notification of their 
respective Magistrates, each immediately to repair, 
and put in a defensive state, and so to maintain, the 



374 



LAWS OF 



Penalty, 



part that will be assigned to him. Whosoever will 
be found careless and negligent herein, after having 
been duly ordered and notified, shall forfeit, for the 
first time, 25 guilders ; for the second time, double, 
and for the third time, in addition, be arbitrarily cor- 
rected. For the Director General and Council find 
such to be for the best advantage of the Public and 
of the good Inhabitants in particular. 

Thus done in Fort Amsterdam, in Netv Netherland, 
the 26 February, A" 1660. 



eheriff 
of Ifew 
Am.stP.rdam 
to preserve 
the preroga- 
tives and 
immunirier^ 
of the West 
India Com- 
jaoy; 



Convoke 
and preside 
at the 
Meetings 
of Burgo- 
masters and 
Bchepens ; 
propose 
matters for 
their delib- 
eration, and 
collect the 
Votes ; 

Prosecute 
violators of 
the JJaws, 



ORDINANCE 

Of the Directors of the Chamber at Amsterdam, defining the Powers 
and Duties of the Schout of New Amsterdam. Passed 9 AprU, 
1660. 

[N. T. Col. MSS. XIII. 103.] 

1. In the first place, the Sheriff shall, as the Direc- 
tor General and Council's guardian of the law in the 
district of the city of Neiv Amsterdam, preserve, pro- 
tect and maintain, to the best of his knowledge and 
ability, the preeminences and immunities of the 
privileged West India Company, in as far as these 
have been delegated by previous Instruction to the 
Board of Burgomasters and Schepens; without any 
dissimulation, or regard for any private favor or dis- 
pleasure. 

2. In the quality aforesaid, he shall convoke the 
meetings of Burgomasters and Schepens and preside 
thereat, also propose all matters which shall be 
brought there for deliberation, collect the Votes, and 
resolve according to the plurality thereof. 

3. He shall, ex officio, prosecute all contraveners, 
defrauders and transgressors of any Edicts, Laws, 
Statutes and Ordinances which are already made and 
published, or shall hereafter be enacted and made 
public, as far as those are amenable before the Court 



NEW NETHERLAND. 375 

of Burgomasters and Schepens, and -with this under- 
standing that, having entered his suit against the 
aforesaid Ooutraveners, he shall immediatelv rise, But not 

•' preside In 

and await the judgment of Burgomasters and Schep- S'c^es; 
ens, who, being prepared, shall, also, on his motion, 
pronounce the same. 

4. And, in order that he may well and regularly mlwoillpf^ 
institute his complaint, the Sheriff, before entering pJ-osec" 

■^ ° tlons.but 

his action or arresting any person, shall pertinently l°ref£^^ 
inform himself of the crime of which he shall accuse SSe'bl 

committed 

him, without being empowered to arrest anyone ence'f'"^^" 
on the aforesaid information, unless the offense be 
committed in his presence. 

5. He shall take all his informations in the pres- ^gf«"^ 
ence of two members of the Board of Burgomasters fiom."** 
and Schepens if the case shall permit it, or otherwise 

in the presence of two discreet persons, who, with 
the Secretary or his deputy, shall sign the aforesaid 
informations. 

6. Which aforesaid Secretary, with the Court Mes- f^c^Tt 
senger, are expresslj'^ commanded to assist and be tSSIsftSe 
serving unto the Sheriff in whatever relates to their 
respective offices. 

7. He shall take care in co41-ecting and prenarinsr information 

o 11 • => to be taken 

Informations to act impartially, and to bring to light, ',^t'i?dMai& 
the truth as clear and naked as possible noting, 2ircSm™°' 

* c stances. 

to that end, all circumstances which in any way 
deserve consideration, and appertain to the case. 

8. Item. The aforesaid Sheriff, on learning or being sheriff 

" ^ empowered 

informed that any persons have injured each other or Storayth* 
quarreled, shall have power to command the said ^^°' 
individuals, either personally or by the Court messen- 
ger or his deputy, to observe the peace, and to forbid 
them committing any assault, on pain of arbitrary 
correction at the discretion of the Burgomasters and 
Schepens. 



376 



LAWS OP 



But not 
to com- 
pound with 
the guilty 
parties. 



He shall 
execute the 

Judgments 
of the court 
of Burgo- 
masters and 
ticbepens, 

Accord- 
ing to the 
custom, of 
the City of 
Amsterdam, 
and 

Take care 
that copies 
of all their 

groceedings 
e commu- 
nicated an- 
nually tothe 
Director and 
(TouDcil. 



Offenses not 
cognizable 
by the 
Sheriff, to be 
communi- 
cated to the 
Fiscal, with- 
out arrests 
inc the 
otlending 
parties 
unless 



In certain 

cases. 



Parties m 
such cases 
arrested to 
be surren- 
dered to 
and prose- 
cuted by 
the Fiscal. 



Sheriffs fees 
to be Hxed 
in New 
Netherland. 



Fiscal to 
proscute 
the Sheriff 
In case of 
malfeas- 
ance. 



9. He shall not have power to compound with any 
person for their committed offenses, except with the 
knowledge of the Burgomasters and Schepeus. 

10. He shall take care that»all Judgments pro- 
nounced by the Burgomasters and Schepeus, and 
which are not appealed from, shall be executed con- 
formably to the abovementioned Instruction given 
to the same, according to the style and custom of 
Fatherland, and especially the city of Amsterdam. 

11. In like manner, that authentic copies of all 
the Judgments, Orders, Acts and Eesolutions to be 
adopted by the aforesaid Burgomasters and Schepeus, 
shall be communicated once every year, to the Direc- 
tor General and Council of New Netherland. 

12. And in case he receive any Information or 
statement of any oftenses, which from their nature, 
or on account of the offending person, are not sub- 
ject to his complaint, he shall be bound forthwith to 
communicate the same to the Eiscal without taking 
any Information himself, much less arresting the 
offender, unless in actual aggression to prevent 
greater mischief, or hinder flight in consequence of 
the enormity of the crime. 

13. Which being d^ne, he shall, as before, surren- 
der without any delay the apprehended person, with 
the information taken, to the Fiscal, to be proceeded 
against by him in due form as circumstances demand. 

14. In order that the aforesaid Sheriff shall be the 
more encouraged hereunto, he shall enjoy, etc.* 

[This must be fixed in the country yonder, with 
advice.] 

15. Should the Sheriff violate any of these Articles 
he shall be prosecuted on the complaint of the Fiscal 
before the Director and Council, to be punished 
according to the nature of the case. 



^> This refers to the Fees of the Sheriff. Tb. 



1>NEW NETHERLAND. 377 



OEDINAJSrOE 

Of the Director General and Council of New Netherland excluding 
all persons who have not obtained their Burgherright, from trading 
to FortOrange or other parts of New Netherland. Passed 25 May, 
1660. 

[N. T. Col. MSS. IX. 261.] 

Whereas the Director General and Council of preamwek 
New Netherland are certainly informed, by the Burgo- 
masters and Scbepens of this City, and also indeed 
find, that some newly arrived Traders, Scotch factors 
and Merchants do, vrithout having applied for and 
obtained their Burgherright here, undertake not only 
to sell and barter their goods, but also to transport 
and send them to Fort Orange and elsewhere, which 
is directly contrary to, and in violation of, the priv 
ilege of Burgherright, and the prerogative thereof 
granted to the good Inhabitants of this City; the 
Director General and Council desiring, on the 
Eemonstrance and petition of said Burgomasters and 
Scbepens, to provide herein, do Ordain that no newly no Mer- 

' chants or 

arrived Traders, Scotch factors, or Merchants, shall ^/ndtt^ef" 
be at liberty to transport or to send their goods from an" pin of 

•' '^ "^ Jfew Nether- 

here to Fort Orange, or elsewhere, within the district jtS^oKtltS 
of Neic Netherland, unless they have previously SghfJ'and 
obtained Burgherright here, and, in conformity with |toreinVra» 
the Order and instructions of the Hon"'® Directors, at'^STe"' 

weeks. 

have kept an open store here for some time, at least 
six weeks ; And all this provisionally, until otherwise 
Ordained by the Hon'''^ Directors, or the Director 
General and Council. 

Thus done in Fort Amsterdam, in New Netherland, 
date as above. 



48 



378 



LAWS OF 



Rnnners 
Dot to be 
employed 
ac Ibrt 
Orange, ii> 
the Indiau 
Trade. 



No per- 
son to go 
beyond the 
houses on 
the Hill, or 
to the water- 
Bide in 
search of 
Indians. 

Penalty. 



ORDIZSTANCE 

Of the Vice-Director and Commissaries of Fort Orange against employ- 
ing Brokers in the Indian Trade. Passed 31 May, 1C60. 
[N. T. Col. MSS. XVI. part HI. 155.] 

The Commissary of Fort Orange and Commissaries 
of the Village of Beverwyclc, being assembled respect- 
ing the manifold complaints of the Commonalty in 
regard to the Trade, have, by plurality of votes. 
Ordained, as they do hereby Ordain provisionally for 
this year, that no Brokers, either Christian or Indian, 
shall be employed, but that the Indians shall, with- 
out being requested or called upon, trade their Bea- 
vers wheresoever they please. Also, it is [not] 
allowed to any person to go on the Hill as far as the 
houses extend, to inquire where the Indians will be, 
or to the Strand where the Indians land, on the pen- 
alty of a fine of Three hundred guilders, and suspen- 
sion of business for the term of two months, for such 
as will be found to have acted contrary hereto ; to 
be executed without any dissimulation or regard of 
persons. And in the absence of the OflBcer, another 
person shall be appointed in his place for the enforce- 
ment hereof. 

Done in Fort Orange the Last of May, 1660. 



NEW NETHERLAND. 379 



ORDINANCE 

Of the Direetcr General and Council of New Netherland providing 
for the safe transmission of Letters to Holland. Passed 2 June, 
1G60. 

[N. T. Col. MSS. IX. 276.] 

Eesolution adopted by the Directors of the West 
India Company at the Chamber at Amsterdam, on 
Thursday, the 30 October, A.° 1659. 

It being ascertained that private Letters in New preamwe. 
Netherland and Curacao are not, by order of the gov- 
ernment there, in accordance with ancient usage, as 
is the custom in Brazil, packed in a sealed bag sent 
to the Company by the Supercargoes, or even by the 
Skippers of the ships which frequent that sea, for 
the accommodation of the Merchants thereabout, 
as the Company intend, but that private Skippers 
coming over here ordinarily take them with them, 
and oftentimes direct them badly or very late, it is, 
therefore, resolved and concluded, in order to rees- 
tablish the aforesaid ancient regulation, that hence- 
forth in the particular Bond of the Skippers who Jfp,'^!j^, 
trade to New Netherland as well as to Curacao, there ^Bo"n"not° 
shall be inserted: "And have forbidden them to %?""s'o 
bring hither privately any more Letters, on pain of mmJ^^Zi 

1 ^-^ t • T 1 • 1 ^^ Curacao, 

One Hundred Carolus guilders each time they will ^^^^f^^^ 

from 



persons 
authorized 



be found to act contrary hereunto, but to have 
them directed at the place to be designated at their J^^™"^^' 
respective localities, by the Director General of Neto 
Netherland, and the Vice-Director of Curacao ; " both 
which Officers shall then accordingly be instructed 
and ordered to provide for the collection and trans- 
mission thereof hither, in the aforesaid manner, by 
every ship, which shall be done here also in the best 
possible manner. 

Agrees with the aforesaid Eecord, 

0. VAN Seventeb. 



380 LAWS OF 

To the end that no person plead ignorance, the 
foregoing Extract is posted, with the following : 

OEDDfAFCE. 
By virtue of the preceding Eesolution, all Skip- 
pers, Sailors and Passengers who are sailing out, are 
hereby warned not to take with them any private 
Letters, upon the penalty in the foregoing Eesolution 
Box expressed. In order that Letters may, accordingly, 

dSiu^aT' he conveyed more certainly and better, a box is 
sccreta^y^^' appropriated at the OfBce of the Secretary of the 
rMlptfo'nof Director General and Council, in which Letters are 
Letter' to be deposited, and if anyone require a receipt for 

mav be 

registered jjls Lcttcr, It shall bc glvcu him by one of the clerks. 
Fee for aud the Letter recorded on a list, on condition of 

Beglstry. ' 

paying 3 stivers in Wampum therefor. 



ORDINANCE 

Of the Director General and Council of New Netherland, for the 
more regular Recording of Judgments, &c., in the Inferior Court of 
New Amsterdam. Passed 7 June, 16G0. 

[N. T. Col. MSS. IX. 293.] 

Preamble. AVherbas thc Dlrcctor General and Council of 
Neiv Netherland are informed, and indeed have fonnd, 
that many Judgments and Decisions rendered and 
pronounced by the Burgomasters and Schepens 
of this City, have been recorded by their Secretary 
without such having been revised, as they ought, 
or submitted for the signature of the President, the 
result of which is, that Instruments are not drawn 
up according to the real intent and meaning of the 
said Burgomasters and Schepens ; in order to pro- 

cierkof the vide agaiust this in future, the Director General and 

City Court " 

Mtr^teof^ Council do Ordain and command the Secretary of 
o?ofher° the Inferior Court of Justice of this City not to 

Acta, unless «^ 

execute any extracts of any Judgments, Decisions 



NEW NETHERLAND. 381 

or any other Acts of importance, unless they have p^^^'^i'^^ 
been revised and signed in the Eegister, as they ?Jfe"c2.!rt 
ought, by the Court, or at least by the President. 
Thus done in Fort Amsterdam, as above. 



ORDINANCE 

Of the Court at Fort Orange prohibiting Runners going into the Woods 

to trade with Indians. Passed 28 June, 1660. 

[N. T. Col. MSS. XVI. part HI, 175.] 

The Worshipful court of Fort Orange and vil- ^sa^we- 
lage of BeverwycTc having heard the earnest com 
plaints of the Mohawks, being some of their chiefs, 
in regard to the disorderly conduct of the Dutch 
toward them in the "Woods who run up and down 
on horseback, not only taking their Beavers by 
force and carrying them off, leaving the Indians 
to run after them, but also shove and beat them 
as is more fully to be seen by the complaints made 
by said Mohawks to the Court. Such excesses and 
insolence being altogether contrary to the welfare 
and peace of this place, and apparently tending to 
produce a war between us and the Motawks; their 
Worships, finding themselves officially bound to pro- R™"™ 
vide therefor, have resolved to forbid, as they do fsHrmii 
hereby prohibit, all Inhabitants of this place to rove Sm.'^° 
the Woods as Brokers for the purpose of drawing 
the Indians with Beavers to themselves, on pain 
of being subject to a fine of Three hundred guilders, penalty. 
and suspension from trade for one year. 

Thus done in the Court of Fort Orange the 28 
June, A° 1660. 



382 



LAWS OF 



ORDINANCE 

Of the Director General and Council of New Netherland renewing 
the Ordinance against resorting to the North and South rivers 
without a Permit. Passed 2 July, 1660. 

[N. Y. Col. MSS. rx. 318.] 

Preamble. Wheebas the DirectoF and Council of New Neth- 
erland fiud by experience that their published Ordi- 
nance enacted respecting Yachts and Sloops, issued 
on the 10 March, in the year 1648, is not duly 
observed and obeyed, but that many pretended 
Skippers, who are not Burghers of this City, or pro- 
prietors of real estate in this Province, do, contrary 
to the said Ordinance, resort to and navigate the 
South and North rivers of New Netherland, without 
having applied for and obtained a proper commis- 
sion for so doing, which is directly contrary to the 
aforesaid Ordinance, therefore the Director General 

No person and Council, renewing the aforesaid issued Ordi- 

to resort to ^ 

orN'onh" nance, do hereby warn all and every who as Skip- 
fitlJt'enmg pers wish to resort and navigate the Eivers aforesaid 

places with- *■ 

SSislon.""' and the places situate between both, with any Ships, 
Yachts or Sloops, j)reviously to apply for and obtain 
a proper commission in due form. We Order and 
command our Fiscal not to grant any Passes to 
any person, unless he first exhibit such commission 
to him. 

Done at the Meeting of the Director General and 
Council holden in Fort Amsterdam in Neiv Nether- 
land, the 2 July, A° 1660- 



NEW NETHERLAND. 383 



ORDINANCE 

Of the Director General renewing the Ordinances for the regulation of 
the Fur trade, and forbidding the Sale of Liquor to Indians at Fort 
Orange and Rensselaer wyck. Passed 21 July, 1660. 
[N. T. Col. MSS. IX. 349.] 

The Director General of New Netlierland and preamwe. 
the Commissaries, having heard and examined the 
complaints respecting Eunning in the Woods and 
the mischiefs consequent thereon, have been, as 
yet, unable to discover any better expedient than 
to renew and maintain the Ordinances heretofore 
enacted on that subject, to wit : 

That no person, of what nation or quality he ?J"b^8°nt°" 
may be, shall directly or indirectly send any Chris- wo°oS'to 

intercept 

tians or Indians as Brokers into the Woods, either Indians. 
with or without presents, to fetch or entice any 
Indians, on the fine formerly affixed thereto and 
inserted in previous Ordinances. 

Secondly, no person shall be allowed to take from foTe Taken 
Indians, either in the Woods, without or within the ansonlhe 

~ 1 TT plea Of 

Settlement, Houses or places, any Beavers, to carry S"uf 

them for the Indians, either on Hori^es, Carts or even ptS!"^'' 
on their backs, on a like fine. 

Thirdly, if it should come to pass that any Indians, JSfon"ngto 

either voluntarily, or induced so to do by other ^'.'i^tllhi 

*■ deprived 

Indians, should come with their Peltries into any ^[^J^% 
Houses either without or within the Village of Bever- llZg"^^ 

___ wher6ver 

wtjclc, Fort Orange or Colonic of Hensselaerivyclc, no tteypiease. 
person, of what Nation or quality he may be, shall 
either take th6 Peltries from such Indians against 
their will, or obstruct the passage of, much less 
impede, prevent or hinder, the Indians going with 
their Peltries wheresoever they please ; and although 
he had either advanced, or caused others to give, any 
present on the Peltries, all such gifts or presents shall 
not only remain forfeited for the benefit of the Indian penalty. 



384 



LAWS OF 



Ordinance 

aeaEnst fur- 
nishing 
Ijiauors to 
Indians 
renewed, 
and 



To be 
strictly- 
executed. 



In prosecu- 
tions under 
this Law, 
the accused 
must prove 
his inno- 
cence. 



or Indians who may have received them, but he shall 
pay, in addition, Twenty-five pounds Flemish for the 
Officer who enforces and executes this Law. 

Fourthly and lastly, the Ordinance and Eegulation 
heretofore enacted by the Director General and Coun- 
cil aforesaid respecting the sale, giving or presenting 
of Wine, Brandy, Strong liquor or Beer to Indians, 
is hereby renewed, and the Sheriffs and officers, both 
of the Village of Beverwyck as well as of the Oolonie 
of JRensselaerwycIc, are hereby ordered and commanded 
this and the previously enacted Ordinances, Order 
and Eegulation more strictly to enforce and to exe- 
cute, as it ought to be, and in case they may lack 
sufficient proof against the Oontraveners who may 
be accused before the respective Courts, the Commis- 
saries of the Court respectively may, upon probable 
indication, oblige the accused to purge himself, and 
if he refuse, condemn him according to the exigency 
of the case. 

Thus done in Fort Orange in New Nefherland, the 
21 July, A" 1660. 



ISTEW FETHERLAITD. 385 



ORDINANCE 

Of the Director General of New Netherland, imposing a Tax on 

Cliimneys at Fort Orange. Passed 25 July, 1C60. 

[N. T. Col. MSS. XVI. part HI. 198.] 

Wheeeas the Commissaries of Fort Orange and irewnwe. 
Village of Beverwyck have at one time and another 
represented to us the heavy expense they have under- 
gone and incurred ■with our previous knowledge in 
putting up a Plank Fence at this place against 
a sudden incursion of Barbarians, and other out- 
lays made for the repair of Bridges, &c., -whereby 
the Public Treasury is very much exhausted, and 
many persons remain still unpaid for their materials, 
to supply -which they have resolved to tax each i^Lsedon 
Chimney once Three guilders, -whereunto requesting F^Torl^e, 
our approbation and ratification. Therefore we Order '*<^"- 
and command all Inhabitants included -within this 
settlement to pay the Chimney money on pain of 
execution. 

Done in Fort Orange the 25 July, A° 1660. 

(Signed,) P. STUYVESANT. 



49 



386 



LAWS OF 



ORDINANCE 



Inferior 
Court 
erected at 
J£ti£rlcm. 

Names of 
Hagiatratcs, 



Jurisdic- 
tion of the 
Court. 



Benior 
Magistrate 
to act as 
Sherlir. 



Further 
powers of 
the Court. 



Eiglit 
of Appeal 
in actions 
exceeding 
GO guilders. 



Of the Director General and Council of New Netherland, erecting & 

Court of Justice in Haerlem. Passed 16 Avgust, 1660. 

[N. Y. Col. MSS. IX. 371.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who shall see or hear these Presents 
read, Greeting, make known. 

That for the benefit of the people, for the further 
promotion and advancement of the newly commenced 
Village of Haerlem, and for the more convenient 
administration of Justice, they have deemed it neces- 
sary to erect, in the aforesaid Village, an Inferior 
Court of Justice, which shall, provisionially, consist 
of the three undernamed Commissaries, to wit: Jan 
Pietersen, Daniel Terneur, Peter Cresson ; before 
whom, in the first instance, shall be brought all 
Questions, Actions, and Differences arising in the 
said Village between Lord and Vassal, Master and 
Servant man, Mistress and Maid, Neighbor and 
Neighbor, Buyer and Seller, Lessor and Lessee, Mas- 
ter and Workman, and other such like; Item, all 
criminal actions consisting of Acts, Threats, Fight- 
ing or Wounding, whether moved and instituted by 
parties, or by the senior Commissary, who, until 
further Order, shall represent the Sheriff in that 
place. 

Said Commissaries shall do justice, to (he best of 
their knowledge, between parties appearing before 
them, and may decree the providing of a Deposit, 
Discharge, or Definitive condemnation, as the cir- 
cumstances of the case shall authorize. 

But any party feeling himself aggrieved may 
appeal to the Director General and Council of New 
Netlierland, according to custom here, from all judg- 



NEW NETHERLAND. 387 

ments exceeding Fifty guilders, pronounced by said 
Commissaries. 

And said Commissaries are hereby specially com- Magu- 
missioued and authorized to enact proper Ordinances, fSrtenlZl 
that the arable Lands and Gardens be carefully ana"""' 
fenced, kept inclosed, and the broken fences properly 
repaired. They hereby command all Inhabitants of 
the aforesaid Village, who are already or who will 
hereafter come there, to respect and to acknowledge J^^^^t^ 
the aforesaid Commissaries for such as they are """""^y'*- 
hereby qualified, and all that, until it be otherwise 
ordained by the Director General and Council afore- 
said. 

Thus done at the Meeting of the Director General 
and Council, holdea in Fort Amsterdam, in Neiv 
Netherland, the 16 August, 1660. 



ORDINANCE 

Of the Director General of Wew Netherland directing the Fencing 
and Improving of the Lands and Lots at the Esopus. Passed 
25 November, 1660. 

[N. Y. Col. MSS. XIV. 41.] 

All persons who lay claim to any Lands or Lots ^°^^^ 
in or around the settlement of the Esopus, whether andlm-^" 

proved on 

within or without the Portress are hereby [notified] 5g[Sr''e"'"'" 
to prepare and get ready, between this and next 
month, Timber and Palisades, and to fence and 
build on the Lots as that ought to be done, on the 
penalty of being deprived of the Lots, Gardens and 
Lands which they have obtained and being fined 25 
guilders for the behoof of the settlement. 

Every one is hereby warned to take heed of loss. 

Done at the Settlement of the Esopus this 25 
November, 1660. 

P. STUYVESANT. 



388 LAWS OF 



ADDITIOML PRIYILEGES 

Granted by the Directors in Holland to tlie Colonie of the City of 
Amsterdam, in the South Eiver of New Netherland. 21 March, 
1661. 

[N. T. Col. MSS. XIV. 37.] 

4™?'of" ~ With regard to the appointment of a Sheriff, this 
l^"l™te!, is granted to the City of Amsterdam, in the name 

granted to 

!?»wto^dam. of their High Mightinesses and the West India 
Company, as specified in Article 13, provided he 
talie the oath of allegiance to their High Mighti- 
nesses and the Company. 
^^T'lLui ^^^ amount to which the Schepens of Neiv Amstel 
?eHn?teiy In may glve their judgments is raised to the sum of 

suits or 600 "^ ° •> o 

S'crimi'nri' Si^ hundred guilders, and no Appeal is allowed in 
SSftAroSi. Criminal cases, and the Director General and Council 
shall be directed not to grant a reprieve except con- 
formably to the Laws of this country. 
to^New With regard to the free conveyance of private 

beTrought Shlps and Goods, the same is wanted to the Colonie 

to the Com- '^ ° 

ISd^t'he^r^" of Neiv Amstel, upon the footing and regulation in 
™aTmlnt°Sr forcB in this country and at New Amsterdam in the 

the Duty. 

shippmg of Goods, to wit : that they must be first 
carried to the Company's magazines and be there 
marked, provided payment of the duty is made here 
and in Neto Amsterdam. 



NEW NETHERLAND. 389 



ORDINANCE 

Of the Director General and Council of New Netherland, erecting a 
Court of Justice at Busliwyck. Passed 31 March, 1661. 
[N. Y. Col. MSS. IX. 570.] 

The Director General and Council of New Nether- 
land, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 

That, for the benefit of the people, for the greater Preamwe. 
promotion and advancement of the newly commenced 
Village of BusJnviclc, and for the more convenient 
administration of Justice, they have deemed it neces- 
sary to erect in the aforesaid Village an Inferior inferior 
Court of Justice, which shall provisionally consist of SSfic*. 
the three undernamed Commissaries, to wit : Peter ^f"^°^l^^ 
Jansen de Witt, Jan TiJje, Jan Cornelissen, before 
whom, in the first instance, shall be brought all 
Questions, Actions and Differences arising; in the Jurisdic- 

^ " Hon of the 

said Village between Lord and Vassal, Master and °°""- 
Man-Servant, Mistress and Maid, Ifeighbor and 
Neighbor, Buyer and Seller, Lessor and Lessee, 
Master and Workman, and other such like : Item, all 
Criminal actions consisting of Deeds, Threats, Fight- 
ing and Wounding, whether moved and instituted 
by parties or by the senior Commissary, who, until senior 

•' '^ •' J 1 1 Magistrate 

further order, shall represent the Sheriff in that place. shtriiT 
Said Commissaries shall do justice, to the best of further 

powers 

their knowledge, between parties appearing before '^^'SS, 
them, and may decree the providing of a Deposit, 
Dismissal, or Definitive condemnation, as the cir- 
cumstances of the Case shall authorize. 
But any party feeling himself aggrieved may Eight of 

Appeal 

appeal to the Director General and Council oi New l^''^^^^ 



Netherland, according to the custom here, from all STgSiae"^ 
judgments exceeding Fifty guilders, pronounced by 
said Commissaries. 



390 



LAWS OF 



Magistrates 
to enact 
law.s for 
fencing of 
Lauds, and 



To be 
respected 
and obeyed. 



And said Commissaries are hereby specially com- 
missioned and authorized to enact proper Ordinances 
that the arable Lands and the Gardens be carefully 
fenced, kept inclosed and the broken fences properly 
repaired. They hereby command all Inhabitants of 
the aforesaid Village who are already, or who will 
hereafter come there, to respect and acknowledge 
the aforesaid Commissaries for such as they are 
hereby qualified ; and all that until it be otherwise 
Ordained by the Director General and Council afore- 
said. 

Thus done at the Meeting of the Director General 
and Council holden in Fort Amsterdam in New Netli- 
erland, the 31 March, 1661. 



ORDINANCE 



Represen- 
tHiion or the 
Magistrates 
of Amai' 



and ima- 
lonut to 
have, each, 
an Inferior 
Conrt of 
Justice, with 
one Hheriff 
who is also 
to be Clerk. 



Of the Director General and Council of New Netherland erecting 
separate Courts of Justice for Midwout and Amesfoort. Passed 31 
March, 1661. 

[N. T. Col. MSS. IX. 573.] 

On the representation made to the Council by 
Elbert JSlbertsen and Peter Cornelissen, Schepens in 
the Village of Amesfoort on Long Island, that much 
loss of time and much trouble are entailed, both on 
themselves and on the Inhabitants of Amesfoort, by 
said Villages having conjointly only one Bench of 
Justice, whereby those of Amesfoort must go most of 
the time to Midwout to Court, since it sits there 
three-quarters of the year and only one-quarter at 
Amesfoort; and having heard the opinion of the 
Sheriff" and Secretary of said Villages, It is by the 
Director General and Council resolved, for the more 
convenient administration of Justice, to favor, as 
they do hereby favor, each of the said Villages, apart, 
with an Inferior Court of Justice, and both Courts 



NEW NETHERLAND. . 391 

shall be attended by one Sheriff, who, until farther 

Older and greater increase, shall act also as Secre- Each court 

*^ -to consist of 

tary, and shall consist, beside the Sheriff, each of i^/afiS^. 
three Schepens, in -which office the Director General 
and Council continue and hereby confirm for the 
Court of Miilwout, for the present year, Jan Snediclcer, gl^^frltes 
Jan Stryclcer, William Willemsen. ot'%iau:out 

For the Court of Amesfoort, Elbert Elbertsen, Feter ^j*/"*"- 
Cornelissen, and Simon Jansen. 

Which aforesaid Schepens shall regulate them- JfrfMSlc'h 
selves, until further Order, by the Instruction hereto- {hem°eof 
fore granted on the 6 March, 1654, to the Inferior 
Court of Justice of the Villages of Midwout and 
Amesfoort, and in all occurring cases maintain good 
correspondence and friendship with each other. 

Thus done at the Meeting of the Director General 
and Council holden in Fort Amsterdam in New 
Netherland, 31 March, A° 1661. 



ORDINANCE 

Of the Director General and Council of New Netherland, farther reg- 
ulating the Weighinghouse. Passed 11 April, 1C61. 
[N. T. Col. MSS. IX. 582.] 

All Goods and Merchandises subject to the Scale, w^glfedb'y 
or Weight, shall, before they are sold, brought into ™^J«^'gji^ 
or carried out of this City, be weighed by the sworn 
Weighmaster, for which the buyers and sellers con- 
jointly, or otherwise the buyer or seller alone, accord- 
ing as it shall be stipulated in the condition of sale, 
shall pay for weighmoney in Beaver or in Wampum, 
12 White or 6 Black [beads] for one stiver, as fol- 
lows: 



392 



LAWS OF 



Fees of 
the Weigh- 
bouse. 



For 

fractions 
of 100 lbs. 



All sorta of Silk goods, 

Spun- Silk, Cochineal, or 

Saffron, 

Candles, 

Tobacco, 

Sarsaparilla, 

Sassafras, 

Elephants' teeth, 

All sorts of Dyewoods, 

Cotton and Cotton Yam, 

Wool and Woolen Yam, 

Dried hides. 

Copper Kettles, 

Butter, Cheese, 

Starch, 

Stockfish hout, 

Hops, Grease, 



15 Stivers 
$ cent. 



Goods to 
pay Weigb- 
rees a.^ otten 
as sold ' 



B Stivers 
per cent. 



Indigo, 

Preserves, 

Sugars, 

AU sorts of Spices, 

Spanish leather, 

Beavers, 

Dried Fish, 

Salted meat. 

Pork, Tallow, Pitch, 

Sulphur, Harpuys, 

Cordage, 

Lead, Copper, 

Raisins, Iron, 

Prunes, 

Rice, 

Hard Bread, 

Meal, 



10 Stivers 
per cexLt. 



4 Stivers 
f cent. 



But may 
be delivered 
from siiip 
to sliip or 
liouse t.'> 
house, on 
payment 
of the fees. 



And for all odd quantities, weighing more or less 
than One hundred pounds, there shall be paid, from 
one to 25 pounds, one-fourth part of the hundred ; 
from 26 lbs. to 50 lbs. inclusive, half fee ; from 51 to 
75 lbs. S of the hundred, and above 75 lbs. to a hun- 
dred lbs., full fee. But inasmuch as a man may- 
deliver, at the same time, to one and the same person, 
more than one quantity of the same sort of Goods, 
all said quantities or weights of the one shall be 
added to the other, and payment made therefor 
according to the product of the whole ; and for each 
lot or draft weighed, shall be paid | of one stiver. 

And all Goods subject to be weighed, or that are 
to be sold by weight, shall pay the Weighmouey as 
often as they are sold, transported, transhipped or 
removed. But in order to avoid the heavy charge 
for labor, with which Goods may be burdened, in 
carrying them to, and bringing them from, the 
Weighing House, either in Cart, Sleigh, or Boat, the 
delivery may be made from ship to ship, or from 
house to house by the shortest and quickest way ; 
provided that, before the transportation or removal 
take place, the Weighmaster be notified thereof, and 



NEW NETHERLAND. 393 

the Weighing fee be paid ; on paia of forfeiting the penalty 
Wares and Merchandises, or the just value thereof, 
or otherwise, according to the discretion of the Hon- 
orable Director General and the Supreme Council. 

Item. Any Wares or Merchandises sold by the lot g^°g|f°['\„ 
or parcel, shall not be delivered before and until they prio/tf*'* 

. ITT. . T delivery, 

are weighed, but the contracting parties can send 
for the Weighmaster, the scales and weights in loco, 
and have the Wares and Merchandises weighed there But may be 

weighed on 

and so delivered, on paying the Weighmaster four {g^e8.''oS5ay- 
guilders per day, and the like sum for the use of the ^S!' " 
scales and weights ; but if the buyer or seller have 
his own scales or weights, it will be suflScient for him 
to pay only the Weighmaster. 

Only the Goods and Merchandises which are Good., 

exempt 

brought to, or received at the Weighinghouse, and fteTor"^* 
belong to the Hon^'^ Company, to this City, to the '^"^'""^■ 
Board of Deacons and other Charitable Institutions, 
being really and truly their property, and to be con- 
verted to their use, shall be exempt from the fee for 
■weighing; All which the Weighmaster must weigh 
gratis, and for God's sake. 
The Director General and Council reserve to them- Bight 

of altering 

selves, with the advice and ratification of the Hon"'" r^erv^. 
Directors, the Lords and Patroons of this City, to 
alter, diminish, or to enlarge this Eegulation accord- 
ing to the circumstances of the time and condition 
of affairs. 

Whereas divers complaints are made by the Weigh- 
master, in regard to the trouble and diflSculties he 
experiences in collecting the fees for Weighing, inas- J"e»^. ^ 
much as some persons make him rim after them a bl^aid'" 
year and a day, and that frequently for small sums, fe™^»j« 
therefore, the Director General and Council do 
Ordain that, from this time forth, the fee for Weigh- 
ing shall be promptly given and paid to the Weigh- 
master, before the Goods are removed elsewhere from 

50 



394 



LAWS OF 



the "Weighiugliouse, unless the Weigbmaster consent 
thereto. 

Thus done, in Fort Amsterdam, in New Netherland, 
this 11 April, A" 1661. 



ORDINANCE 



Inhabitanta, 
o[ Jiengsel- 
a^rewyck 
•forbidden 
goine: or 
Bending any 
person up 
tlie River 
or into tbe 
Woods, to 
entice Indi- 
ans for 
trading 
purposes. 



Penalty. 



Of the Director and Council of Rensselaerswyck forbidding the trading 
with Indians in the Woods. Passed 25 March, 1661 ; Approved 
2o April, 1661. 

[N. Y. Col. MSS. IX. B91.] 

Whereas the killing of Horses, Cows, Hogs, and 
the damage to Bouweries, &c., by the Indians of 
these parts, in consequence of tbe Trade carried on 
■with tbena, and by some idle stragglers among 
them, and those who come hither on that business 
from some other place, have, to the regret and 
serious damage of the Oolonie Bensselaersivych, been 
more and more experienced. Therefore, the commis- 
sioned Director and Council of the Colonic aforesaid, 
in order to provide therein as much as possible, do 
hereby expressly interdict and forbid the luhabitauts 
of the Colonie and all and every vthoin these may 
concern, or who are found within the precincts of this 
Colonie, of what condition or quality they may be, 
going up the Eiver with boats, or into the Woods, or 
roving anywhere else outside their houses or lodgings, 
or sending any person out to entice or drag Indians 
in, or accompanying them out of doors in order to 
trade directly or- indirectly with them, on the penalty 
of Fifty guilders, and the forfeiture of the Peltries or 
goods, and also the Boat or Canoe which shall be 
found with such contraveners and violators hereof. 
Compared by me, 

(Signed,) D. v. Schelluyne, Secretary. 



NEW NETHERLAND. 395 

The i)receding draft of an Ordinance being read J?^^"'<=»- 
and considered, the Director General and Council of 
New Netlierland do not only hereby approve the same, 
but command the OfiBcer of. that Oolonie duly to put 
the same into execution after having been properly 
published and posted, together with the Edicts and 
Ordinances of said Director General and Council 
heretofore enacted on the same subject, against all 
Contraveners and Violators, and they -will also write 
to and order the Vice-director and Commissaries of 
Fort Orange and Village of Beverivycic, to the same 
effect. 

Thus done in Fort Amsterdam in New Netlierland, 
25 April, 1661. 



ORDINANCE 

Of the Director General and Council of New Netherland for the 

erection of a Court of Justice at Wildwyck. Passed 16 May, 1661. 

[N. T. Col. MSS. IX. 607.] 

Petrus Stuyvesant, on hehalf of High and Mighty 
Lords States General of the United Netherlands, 
the Hon"'* Directors of the Incorporated West 
India Company, Director General of Netv Netlier- 
land, Curacao, Bonaire, Aruia, and their depend- 
encies, together with the Council, 

To all those who shall see these Presents, or hear 
them read, Greeting, make known. 

Tha-T their Honors do not hope or wish for any preamwe. 
thing else thau the prosperity and welfare of their 
good Inhabitants in general, and in particular of 
the People residing in the Village of Wildwyclc, 
situate in the Fsopus, and in order that such may 
be effected and preserved with greater love, peace 
aud unity, and to manifest and, indeed, to prove to 
every Inhabitant of the abovemaned Village the 



396 



LAWS OF 



Inferior 
Court of 
Justice 
erected in 
Wildwyck, 



Eight of 

Appeal 

reserved. 



Qualifica- 
tion of Mag- 
istrates. 



Court to 
consist of 
a tictiout, to 
act as pres- 
ident, and 



Three 
Bchepens. 



Names 
of the 
Schepeus. 



Court 
to decide 
Civil actions 
to the 
amount of 
50 guilders, 
without 
appeal. 



effect thereof, the Director General and Conncil 
aforesaid, considering the increase and population 
of said Village, have therefore resolved to favor its 
Inhabitants with an Inferior Oonrt of Justice, and 
to constitute it, as much as possible and the circum- 
stances of the Country permit, according to the 
laudable custom of the City of Amsterdam in Sol- 
land, but so that all judgments shall remain subject 
to reversal by, and an appeal to the Director General 
and Council of Neiv Netherland, to be by their 
Honors finally disposed of. 

In order that all things there may be performed 
■with proper order and respect, it is necessary to 
choose, as Judges, honest, intelligent persons, owners 
of real estate, who are lovers of peace and well 
aflfected subjects of their Lords and Patroons, and 
of their Supreme government established here, pro- 
moters and professors of the Reformed Eeligion, as 
it is at present taught in the Churches of the United 
Netherlands, in conformity to the Word of God, 
and the order of the Synod of Dordrecht. Which 
Court of Justice, for the present time, until it shall 
be herein otherwise Ordained by the said Lords, 
Patroons, or their Deputy, shall consist of one 
Schout, being on the spot, who shall, in the name 
of the Director General and Council, convoke the 
appointed Schepens and preside at the Meeting; 
and with him, of three Schepens, to which office are, 
for the present time and ensuing year, commencing 
the last of next May, elected, and on having taken 
the Oath, are confirmed by the Director General and 
Council, Evert Pels, Cornells Baerentsen Sleght and 
Elbert Heymans Rose. 

Before whom all matters touching civil affairs, 
security and peace of the Inhabitants of the Esojms, 
also justice between Man and Man, shall be brought, 
heard, examined and determined by definitive 



NEW TsTETHERLAND. 397 

judgment to the amount of Fifty guilders and 

under without appeal ; when the sum is larger, the gS^^^J'Jums 

aggrieved party shall be at liberty to appeal to the fo the'""'^ 

Director General and Council aforesaid, provided a°<»c;ouncu. 

that he enter the appeal within the proper time* 

and give security, according to law, for the principal 

and costs of the suit. 

In case of disparity of votes and opinions on any JJ|Jgj,'*Jt°' 
occurring cases, the minority shall coincide with the Eiffhi""' 
majority without anj' contradiction. But those who 
are of a different advice and opinion can cause their Minority 

^ may have 

advice and opinion to be entered on the roll or J,^f;f,on3 
record : but in no wise make public their rendered bTnot ' 

' ^ divulged. 

advice outside the Court, nor make it known to par- 
ties, under arbitrary correction at the discretion of 
the Court itself. 

The Schout shall, pursuant to the first Article, pre- ^*™tto^^ 
side in the meeting, and collect the votes; also act *'="^°'^"' 
as Secretary until further order and increase of the 
population. But if he have to act for himself as a Except he 

* '^ be a party 

party, or in behalf of the right of the Lords Patroons, llti^^J'^mc 

or in behalf of justice for the right of the Fiscal, in '"°*"" "''• 
such case he shall rise up and absent himself from 
the Bench, and then have no advisoiy, much less a 

casting, vote ; but one of the senior Schepens shall, l^sLp'en 

in such case, preside in his place. prSdent* 

What is set forth in the preceding article of the ^j?g™| 

Schout, shall also apply to the Schepens, whenever whelfpir 



par- 
ties in a suit, 



any cases or questions arise in the aforesaid Court "fJSch'"^ 
between themselves as parties, or between others ''""*^" 
related by consanguinity to the appointed Schepens, 
such as brothers, brothers-in-law or cousins in the 
first or direct line. 

All Inhabitants of the Usojms shall, until further J?^^"** 
Order, either of the Lords Patroons or their Supreme t^'sall"'* 



Couit. 



•Ten days. Wassenaer, Praxis Judieieel, Tr. 



398 



LAWS OF 



Court to 

Bit once 
a fortnight, 
except in 
harvest. 



Scbepens 
to appear 
on proper 
notiiication 
at the time 
appointed 
on pain of 
being fined; 



President, 

It' absent, 
subject to 
double 
fine, unless 



In cases of 
sickness or 
absence. 



Penalty for 
appearing 
too late. 



Provision 
for Extra- 
ordinary 
Courts. 



Costs in 
fiuch cases. I 



Cases of 
Crime to be 
referred to 
the Director 
and Council; 
but 

Court may 
arrest, and 
Imprison 
persons 
charged 
with crime, 
until sent to 
New Arrutter- 
dam, with 
the Intbrma- 
tlon against 
them. 



government, be amenable to, and subject to be cited 
before said Scbout and Commissaries, who sball bold 
their Session and Court meeting in the Village afore- 
said once a fortnight, harvest time excepted, unless 
necessity and circumstances otherwise require. 

In order to provide the good Inhabitants of Wilt- 
wyclz with cheap and inoppressive justice, the Scbout, 
as president, and the Scbepens of the Court, must, 
for the convenience of parties, appear on the Court 
day, and at the place appointed, on the fine of 
Twenty stivers, to be at the disposition of the Board; 
they being notified, at least twenty-four hours before 
the Court day, to appear, by the Court messenger, 
to be appointed by the Director General and Council ; 
and doable as much for the President, unless excused 
by sickness or absence. If appearing too late, and 
after the appointed hour, the fine shall be Six 
stivers. 

Extraordinary Courts shall not be ordered at the 
cost and charges of parties, except on the application 
of both parties, under submission to costs on loss of 
the suit, which costs shall previously be deposited by 
the applicant or appellant, to wit : For each Schepen, 
Fifty stivers ; for the President, Three guilders, besides 
the provision for the Clerk and Court messenger, to 
be hereafter appointed, and other ordinary costs 
according to law. 

All cases of Crime shall be referred to the Direc- 
tor General and Council of New Netherlands saving 
that those of the Court may, and are bound to appre- 
hend, arrest, and to detain and hold in confinement, 
all Criminal delinquents until they can send them 
under proper guard to the Supreme government, and, 
in the meantime, take good and correct information 
touching the Crime committed, at the cost of the 
Criminal or the Treasury, and such transmit 
the same time with the delinquent. 



NEW NETHERLAND. 899 

Minor offenses, sucli as Brawls, Injuries, Scolding, wisde- 



nieunora, 



Striking with the fist, Threats, simple Drawing of a ^.TpX 
Knife or Sword without assault or bloodshed, are left ^o^fT ^ 

' decided and 

to the adjudication and decision of the Court afore- bj-'t"bf^'' 
said, in which cases the Schout there sliall have 
power to act before the Court as prosecutor, saving, gf^";-^, 
nevertheless, the clause of Appeal, in case the con- p™^^""'"- 
demned may find himself aggrieved by the sentence Jjfp^e'J' 
of the Court. '^^"^"'• 

All cases of Major crimes, and delinquents charged l^^°^i of 
with Wounding and Bioodsheddinjr, Whoredom and ^":'and'tue 

^ '^ informa- 

Adultery, public and notorious Theft, Eobberies, cas"e"tSb1° 
Soinggling of Contraband articles. Blaspheming and Director " 

"^"^ - ' f n General. 

profaning God's holy name and religion, Slandering 
and calumniating the Supreme Government or its 
representatives, shall, after the information, affida- 
vits and testimony have been taken, be referred to 
the Director General and Council of New Nether- 
land. 

Should the situation of affairs so require that the 
President and Schepens consider it necessary, for the 
greater security of the peace and quiet of the Inhabit- 
ants, to enact, in the absence of the Director General 
and Council, some Ordinances for the greater advan- 



Court 



tage and contentment of the aforesaid Village empowered 
and Court in the abovementioned district, respecting LocJfBy-" 

*■ ^ laws or 

Surveys, Highways, Outlets, Posts and Fences of °^&"mi? 
Lands, laying out of Gardens, Orchards and such like &p^o°l\'ot 

'JO the Director 

matters that may most concern the flat country a^icouncu. 
and agriculture ; also, in regard to the building of 
Churches, Schools and similar public works, and the 
means how and by which the same are to be effected, 
they are to commit to writing their opinions there- 
upon, and deliver them to the Director General 
and Council, with the reasons upon which they 
are founded, annexed, in order, if such be deemed 
necessary and useful, that they may be confirmed, 



400 LAWS OF 

approved and ordered by the Director General and 

Council. 
HMa^, Said Schout and appointed Schepens shall also be 

ordinan- partlcularlv careful, and be bound strictly to observe 

ces of the '^ ■' ,. -T-i 1 

cou^n^uo"'' ^Dd cause to be observed, the Laws of oxir Father- 
beobserved. j^^^^ ^^^ ^-^^ Ordinances and Edicts of the Hon"' 
Director General and Council heretofore Ordained 
and published, or hereafter to be Ordained and pub- 
lished, and not to suffer anything to be done contrary 
thereto, but to see that the contraveners be pro- 
ceeded against according to law. 
Noordi- Said Schout and Court shall not have power to 

DaDces to be 

Sibtoh^, enact, publish, much less to post up, any Ordinances, 
com|nt''of Edicts, or such like Acts, except with the previous 

the Director ' ' x- a 

and Council, knowledge and consent of the Director General and 

Council. 
Court The Schout and Schepens shall also be particularly 

SJ'RilhM^ careful, and be bound to assist the Hon"'* Directors, 
lt"vMor°^' as Lords and Patroons of this Province of New 

the West 

pSn^*"'™' Netlierland, under the Sovereignty of their High 
Mightinesses, the Lords States General of the United 
Netherlands, and them to help to maintain in their 
Supreme Jurisdiction, Eight and Domains, and all 
other their Prerogatives. 

Provision Whcreas, it is customary in our Fatherland and 

for chooBjng ' ■' 

trMe^*^"^" other well regulated governments, that some change 
be made annually in the Magistracy, so that some 
new ones come in, [and] a few continue in order to 
^se?ve"tu? inform the new ; the Schepens now appointed shall pay 
of 8eu"era, duo attcntiou to the conversation, demeanor and fit- 
rlpOTt\h'e ^^^'^ ^^ honest and decent persons, inhabitants of their 
??^Mper- respective Village, in order to be able, about the time 
election. of changing or election, to furnish the Director Gen- 
eral and Council with correct information, as to who 
may be found fit, so that some may be then elected 
by the Director General and Council. 



NEW NETHERLAND. 401 

Thus done and given, at the Meeting of the 
Director General and Council, holden in Fort Amster- 
dam, in New Netherland, the 16 May, A" 1661. 

Note. — On 25 April, 1664, the above Ordinance was, on petition, so Court 
far modified, as to authorize the Court of Wildwyck to enact By-laws, to enact pro- 
and Ordinances, such as the circumstances of the place and the settlers Town-^Lws 
may require, on condition that they first submit them, with reasons '" Winter, 
on which they are grounded, to the Director General and Council for 
their approbation, and obtain the same, unless such could not be done 
in consequence of the Winter season. In that case, the Court was 
empowered to issue and execute provisional Ordinances, provided 
they submit them on the earliest opportunity, to the Director, <fec., for 
approval. N. Y. Col. MSS. X. pt 3, 205, 206, Tb. 



ORDINANCE 

Of the Director General and Council of New Netherland against 

False entries at the Custom House. Passed 23 June, 1661. 

[N. Y. Col. MSS. IX. 661.] 

Whereas the Director General and Council of Preamble. 
Neiv Netherland daily see, by experience and remark, 
that the Hon"'* Company are wronged and defrauded 
to a considerable degree, because many Merchants, 
Factors and Traders not only do not scruple to con- 
ceal the true quantity and number of the shipped 
Peltries and other merchandises, but also, iu addition, 
value and appraise the amount entered nearly one- 
half less thau they are indeed worth, for which then 
provision must necessarily be made ; Wherefore the 
Director General and Council of Neto Netherland do 
hereby notify, inform and warn all Merchants, Fac- J^^^^^^j 
tors and Traders not to ship off or send away any ?aiy^s1"'e 

lor insp«c- 

Peltries, either in case or package, unless the same ^^jl?"^! 
are first brought into the Hon*"* Company's store, 
and there inspected and appraised ; hereby ordering ^7^\^p,„g 
the Fiscal and Commissary of the Store not to grant tegrantVd" 

, until the 

any Permits to ship any Peltries, unless the same .^^SeS" 
are, pursuant to this Ordinance, first brought into the wpraised. 

51 



402 



LAWS OF 



Hides and 
Tobacco for 
Exporta- 
tion to be 
marked at 
the Com- 

gany's 
tore and 
shipped 
only from 
the Pier. 



Company's Store, and there inspected, appraised and 
marked with the Company's mark, as they ought to 
be. Eegarding Hides and Tobacco, they shall, in 
like manner, before they are shipped, be brought into 
or in front of the Company's Store, there marked, 
and shipped off only from the Pier and from no other 
place. 

Thus done at Fort Amsterdam in New Netherland 
Date as above. 



Tenths of 

Sreuckelcn, 
the lirry, 
Qouwanus 
and the 
Waalebocht 
farmed. 



Crops 
not to be 
removed 
from the 
field, until 
the owners 
have agreed 
for the 
Tenths: 
otherwise, 
the Tenths 
to be told 
out. 



Penalty. 



OKDIISrANCE 

Of the Director General and Council of New Netherland for the 
Collection of the Tenths within the district of Breuckelen. Passed 
6 July, 1661. 

[N. T. Col. MSS. DC. 687.] 

The Director General and Council of New Nether- 
land make known. 

That we have sold to Warnaer Wessels and Mr. 
Paulus van der Beecq, the Tenths belonging this year, 
1661, to the Lords Patroons from the Village of 
Breuckelen, The Ferry, Gouwanus and Waaleiocht 
unto the Bouwery of Hans Hansen, deceased, inclu- 
sive. We, therefore, Order and command all and 
every within the aforesaid jurisdiction residing, and 
"whomsoever such may in any wise concern, not to 
remove any Grain, Peas, Maize, or Tobacco from the 
land, before and until they have agreed for the 
Tenths with the above mentioned persons, or 

their Agents, or the Tenths have, according 
to the custom and order of our Fatherland, been 
counted out by the said persons or their Agents ; 
under a fine of Fifty guilders, to be forfeited, over and 
above the just value of the Tenths, by whomsoever 
shall happen to act contrary hereunto. 

Done at Fort Amsterdam in New Netherland, the 
6 July, A° 1661. 



NEW NETHERLAND. 403 



ORDINANCE 

Of the Director General and Council of New Netherland erecting a 

Court of Justice at Bergen. Passed 5 September, 1661. 

[N. T. Col. MSS. IX. 765.] 

Petrus Stutvesant, on behalf of the High and 
Mighty Lords States General of the United Nether- 
lands, the Hon"® Directors of the Incorporated West 
India Company, Director General of New Netherland, 
Curacao, Bonaire, Aruba and their dependencies, 
together with the Council, 

To all those who shall see these Presents, or hear 
them read, Greeting, make known. 

That their Honors do not hope or wish for any preamwe. 
thing else than the prosperity and welfare of their 
good Inhabitants in general, and in particular of the 
People residing in the Village of Bergen, situate on 
the West side of the North Eiver, and in order that 
such may be eflfected and preserved with greater love, 
peace and unity, and to manifest and to prove in 
deed to every Inhabitant of the abovementioned Vil- 
lage the effect thereof, the Director General and 
Council aforesaid, considering the increase and popu- 
lation of said Village, have therefore resolved to favor inftnor 

'^ Court of 

its Inhabitants with an Inferior Court of Justice, and Sedat 
to constitute it as much as possible, and as the cir- ^"'"'"■ 
cumstances of the Country permit, according to the 
laudable custom of the city of Amsterdam in Hol- 
land, but so that all judgments shall be subject to 
reversal by, and an appeal to, the Director General night of 
' and Council of New Netherland, to be by their Honors ^^^"^'^ 
finally disposed of. 

^In order that all things there maybe performed gj*"'''^*- 
with proper Order and respect, 'it is necessary to tr'a'^f'^" 
choose, as Judges, honest, intelligent persons, owners 
of real estate, who are lovers of peace and well 



404 LAWS OF 

affected subjects of their Lords and Patroons, and of 
their Supreme government established here, promo- 
ters and professors of the Eeformed Religion, as it is 
at present taught in the Churches of the United 
Netherlands, in conformity to the Word of God, 
and the Order of the Synod of Dordrecht. Which 
Court of Justice, for the present time, until it 
shall be herein otherwise Ordained by the said Lords 
TOmfsfofa Patroons, or their Deputy, shall consist of one 

Schout, to 

SraSd^'' Schout, being on the spot, who shall, in the name of 
s^^peM. the Director General and Council, convoke the 
appointed Schepens and preside at the Meeting; 
and with him, of three Schepens, to which OflBce 
are, for the present time and ensuing year, commenc- 
ing the 20th of this month, elected by the Director 
B^Spew. General and Council, Michael Jansen, Harmen Sviee- 

man and Caspar Stynniets. 
decide'civii Before whom all matters touching civil affairs, 
the°amount sBCuritv and peace of the Inhabitants of Berqen, also 

of 50 guild- J r ;7 ' 

appeli.""""' justice between Man and Man, shall be brought, 

heard and examined, and determined by definitive 

Judgment to the amount of Fifty guilders and 

under, without appeal ; when the sum is larger, the 

h"gher°Jums aggrlcvcd party shall be at liberty to appeal to the 

tothl'w-'* Director General and Council aforesaid, provided 

rector and ^ 

councu. tjjaj; ]je enters the Appeal within the proper time, and 
gives security, according to law, for the principal and 
costs of suit. 

Maiorty of In case of disparity of votes and opinions on any 

b'^'ihi occurring cases, the minority shall coincide with the 
majority, without any contradiction. But those who 

Minority are of a different advice and opinion can cause their 

may have ^ 

opinions advice and opinion to be entered on the roll or 
b^t°nof • record; but in no wise make public their rendered 
advice outside the Court, nor make it known to par- 
ties, under arbitrary correction, at the discretion of 
the Court itself. 



NEW NETHERLAND. 405 

The Schout shall, pursuant to the first Article, pre- ^^^^^^ 
side ia the meeting and collect the Votes ; also act 
as Secretary until further Order and increase of popu- 
lation. But if he have to act for himself as a party. Except he 

*■ ** be a partj 

or in behalf of the right of the Lords Patroons, or in ^r'llirM"' 
behalf of justice for the right of the Fiscal, in such Mutor/' 
case he shall rise up and absent himself from the 
Bench, and then have no advisory, much less a cast- senior 

Schepen 

ing, vote ; but one of the senior Schepens shall, in '"J^i^ 
such case, preside in his place. 

What is set forth in the preceding Article of the ^^^S™' »■. 
Schout, shall also apply to the Schepens, whenever pknf4ToT 

suit, or 

any cases or questions arise in the aforesaid Court '^^l:>^^ °' 
between themselves as parties, or between others 
related by consanguinity to the appointed Schepens, 
such as brothers, brothers-in-law and cousins in the 
first or direct line. 

All Inhabitants of Bergen shall, until further inhabitants 

•^ ' of Bergen 

Order, either of the Lords Patroons or their Supreme STstSd"'* 
government, be amenable to and subject to be cited 
before said Schout and Commissaries, who shall hold 
their Session and Court meeting in the Village afore- ^^f„'?„|'^ 
said every 14 days, harvest time excepted, unless Si?',"' 
necessity and circumstances otherwise require. 

In order to provide the good Inhabitants of Bergen ^^'^^'J^ 
with cheap and inoppressive justice, the Schout, as SSuonat"' 
president, and the Schepens of the Court, must, for ggSp^gJ^f 
the convenience of parties, appear on the Court day, '"'"^ ""'*'■ 
and at the place appointed, on pain of forfeiting 
Twenty stivers, at the disposition of the Board ; they 
being notified, at least twenty-four hours before the 
Court day, to appear, by the Court messenger to be ^»^«™'' 
appointed by the Director General and Council; and dJuwe nne, 

-r-k . T 1 It Unless In 

double as much for the President, unless excused by ^^^l^ 
sickness or absence. If appearing too late, and after penalty for , 
the appointed hour, the fine to be Six stivers. '"'"'"• 



406 LAWS OF 

Provision No extraotdinarv Court shall be Ordered at the 

for extra- *' 

o^mi7 cost and charges of parties, except on the application 
of both parties, under submission to costs on loss of 
the suit, which costs shall previously be deposited by 
the applicant or appellant, to wit: For each Schepen, 
Fifty stivers ; for the President, Three guilders, 
besides the fee for the Clerk and Court messenger to 
be hereafter appointed, and other Ordinary costs 
according to law. 
?rX?J -^11 t'^ses of Crime shall be referred to the Direc- 

to^MreSOTf tor General and Council of New Netherland; saving 

and Council. 

that those of the Court may, and are bound to, 
apprehend, arrest, and to detain and hold in confine- 
ch"g?d ment all Criminal delinquents until they can send 
Si'tear'rMt thcm uudcr proper guard to the Supreme govern- 
^^^l ' ment, and, in the meantime, take good and correct 
sterdSm, "^ Information touching the crime committed, at the 

with the In- ° 

I°g™nst°™ cost of the Criminal, or the Treasury, and such trans- 
mit at the same time with the delinquent. 
Misdemean- Mluor offeuscs, such as Brawls, Slanders, Scolding, 
offerSI^'to Striking with the fist. Threats, simple Drawing of a 
by the knife or sword without assault or bloodshed, are left 

Court, ' 

to the adjudication and decision of the Court afore- 
schoutto said, in which cases the Schout there shall have 

act as proa 

ecutor. power to act before the Court as Prosecutor, saving 
Bight of nevertheless the clause of Appeal, in case the con- 

Appeal 

reserved, dcmucd may find himself aggrieved by the sentence 

of the Court. 
Persons All CBSBS of Major crimes and Delinquents charged 

fena^^Mbe ^^^^ Wouudiug aud Bloodshedding, Whoredom, 



theVnYor? Adultcry, public and notorious Theft, Eobberies, 

mations 

Smftothe Smuggling of contraband articles. Blasphemy, and 
Qencr^ Profanatlou of God's Holy name and religion. Slan- 
dering and Calumniating the Supreme government, 
, or its Eepresentatives, shall, after the informa- 

tion, affidavits and testimony have been taken, be 



NEW NETHERLAND. 407 

referred to the Director General and Council of New 
Netherland. 

Should the situation of affairs so require that the 
President and Schepens consider it necessary for 
the greater security of the peace and quiet of 
the Inhabitants, to enact, in the absence of the 
Director General and Council, some Ordinances for 
the greater advantage and contentment of the afore- court em- 

^ powered *' 

said Village and Court in the abovenamed District, iS'Sj 



iowered to 
-y- 



respecting Surveys, Highways, Outlets, Posts and ord?n°a'nce3 
Fences of lands, laying out of Gardens, Orchards, and tli^ppro- 
such like matters that may most concern the Flat Dtrectorlnd 

•' Cuuncll. 

country and agriculture; also, in regard to the build- 
ing of Churches, Schools and similar public Works, 
and the means, how, and by which the same are 
to be effected, they are to commit to writing their 
opinions thereupon, and deliver them to the Director 
General and Council, with the reasons upon which 
they are founded, annexed, in order, if such be 
deemed necessary, and useful, that they may be con- 
firmed, approved and ordered by the Director General 
and Council. 

Said Schout and appointed Schepens shall also be jS.?d 
particularly careful, and be bound strictly to observe, S'i'naVcesof 

r •' ' •/ tbe Director 

and cause to be observed, the Law of our Fatherland, fo"be'^ob."°" 
and the Ordinances and Edicts of the Hon*"' Director 
General and Council heretofore Ordained and pub- 
lished, or hereafter to be Ordained and published, 
and not to suffer anything to be done contrary 
thereto, but to see that the contraveners may be 
proceeded against according to Law. 

Said Schout and Court shall not have power to ^a^Sto 
enact, publish, much less to post up, any Ordinances, pSwishcd" 
Edicts, or such like Acts, except with the previous fSeD"re?tor 
knowledge and consent of the Director General and 
Council. 



408 



LAWS OF 



Court to 
assist in 
maintaining 
the rights 
and pre- 
rogatives of 
the West 
India Com- 
pany. 



ProTision 
for choosing 
new Magis- 
trates. 



Bcbepens 
to observe 
demeanor 
of settlers 
so as to be 
able to re- 
port the 
names of 
proper per- 
sons for 
election. 



The Schout and Schepens shall also be particularly- 
careful, and be bound to assist the Hon"'^ Directors, 
as Lords and Patroons of this Province of New 
Netherland, under the Sovereignty of their High 
Mightinesses, the Lords States General of the United 
Netherlands, and them to help to maintain in their 
Supreme Jurisdiction, Eight and Domains, and all 
other their Prerogatives. 

Whereas it is customary in our Tatherland and 
other well regulated Governments, that some change 
be made annually in the Magistracy, so that some 
new come in, and a few continue in order to inform 
the new, the Schepens now appointed shall pay due 
attention to the Conversation, Demeanor, and Fit- 
ness of honest persons, inhabitants of their respect- 
ive Villages, in order to be able, about the time of 
changing or election, to furnish the Director General 
and Council with correct information, as to who may 
be found fit, so that some may be then elected by 
the Director General and Council. 

Thus done and given, at the Meeting of the 
Hon"* Director General and Council, holden in Fort 
Amsterdam, in New Netherland, the 5 September, 
1661. 



NEW NETHERLAND. 409 



ORDINANCE 

Of the Director G-eneral and Council of New Netherland commanding 
the Inhabitants of certain Towns to take out Patents for their 
Lands. Passed 15 September, 1661. 

[N. T. Col. MSS. IX. 788.] 



All Inhabitants of New Netherland, and espe- J?^"^'"?^" 
cially those of the Village of Bergen, on the West Totnf w 



have their 

Side of the North Eiver ; also all others who have or ^^^'^j'^^.i 
claim any Lands thereabout, are Ordered and com- patlnw""' 
manded that they, within the space of three months 
after the date hereof, at latest, before the first of 
January next, shall have all the cultivated and uncul- 
tivated Lands which they claim, surveyed by the 
sworn Surveyor, and set off and designated by 
proper marks, and on the exhibition of the Eeturn 
of survey thereof, apply for and obtain a regular 
Patent as proof of property, on pain of being Penalty. 
deprived of their right, to the end that the Director 
General and Council may dispose, as they may deem 
proper, of the remaining Lands which, after the sur- 
vey, may happen to fall outside of the Patents, for 
the accommodation of others. All are hereby warned 
against loss and after complaints. 

Thus done in Fort Amsterdam in New Netherland, 
the 15 September, 1661. 

Note. — Copy of the above, mutatis mutandis, was transmitted to 
Bergen, Boswyck, Haerlem, Middleburgh, Utrecht, Amesfoort, Mid- 
wout and Breuckelea. Tb. 

52 



410 



LAWS OF 



ORDIISrANCE 



Goods de- 
livered to 
Individuals 
not to be 
allowed aa 
an offset 
against 
itutlea, 
except on 
the order of 
Blrector 
General, or 
Becretary, 



Of the Director General and Council of New Netherland against 
Offsetting claims of persons in the public service against payment 
of Duties. Passed 22 October, 1661. 

[N. T. Col. MSS. IX. 861.] 

The Director General and Council of New Nether- 
land, 

To all those who shall see these Presents, or hear 
them read, Greeting, make known. 

Whereas, we have learned, and by experience 
have found, that some self-interested persons find 
means to apply to the Hon*"" Company's Servants, and 
to others who have anything owing to them by, or 
any claim against, the Company, and to amuse them 
with trifles, in order by that means to obtain an 
assignment on the Company's books of account, 
which, having received, they deduct and offset it not 
only from their own Duties but also from those of 
others, which tends to the great loss and prejudice 
both of the Hon"'® Company and its Servants, as 
the Hon"° Company is, by that means, defrauded 
of the Beavers, and their Servants of the just 
value of the payment which they otherwise would 
receive from the Company, inasmuch as the Goods 
on account of the Company are ordinarily charged 
to, and forced by these self-interested persons on, the 
public Servants at, over 50 W cent more than people 
could purchase them for Beaver. 

In order to prevent such practices in future, the 
Director General and Council of New Netlierland do, 
therefore, hereby notify and warn all and every 
whom these in any wise concern, that, from now 
henceforth, no delivered Goods shall avail, or be 
accepted on account, or in payment of Duties, unless 
the party delivering them do show, by the signature 
of the Director General, or, in his absence, of the 



NEVvT NETHERLAND. 411 

Secretary aud lieceiver Yan Buyven, that he had an 
order and consent thereto. Let everyone be warned 
hereby, and save himself from loss. 

Thus done in Fort Amsterdam, in New Netlierland, 
the 22 October, Anno 1661. 



ORDINANCE 

Of the Director General and Council of New Netherland making 

provision for the Poor. Passed 22 October, 1661. 

[N. T. Col. MSS. IX. 863.] 

"Whereas the Deacons of this City have informed preamwe. 
us of the many applications and great trouble which 
they daily experience from persons residing in the 
outlying Villages, with whose characters and wants 
they are utterly unacquainted, so that their Treasury 
is thereby greatly diminished, and they would, by 
that means, be unable to assist the Poor and Needy' 
of this City, requesting that seasonable provision bo 
made therein ; We, therefore, in order to prevent the 
future recurrence thereof, have resolved and decided, 
to the end that the Lazy aud the Vagabond may as 
much as possible be rebuked, and the really Poor the Pooroutaide 
more assisted, and cared for, that from this time for- noTtob""* 
ward, no assistance shall be given by the Deacons of the Deaco^'na 
this City, to any persons residing outside the juris- SSnTcertSi- 
diction of this City, unless they bring with them from Saracter, 
the Deacons, or Overseers of the Poor at the place 
of their residence, a certificate of their character and 
poverty in manner as follows : 

N. K residing under the jurisdiction of N". N. hath Form of 

. certlflcata. 

applied to us for some assistance and support, and, as 
his character and poverty are well known to us, we ^ 
would willingly have provided him therewith, but 
the low state of our Treasury hath not allowed us to 
do so. We have, therefore, to request, on his behalf, 



412 LAWS OF 

the Deacons of the City of Amsterdam in New Nether 
land to lend him a helping hand according to their 
usual discretion. Done, &c. 

And the persons who shall bring with them such 
certificate shall be provided for, and assisted here as 
circumstances permit. 
Collections But in order that each Village or Settlement may 

for tlie Poor ^ *' 

m)^n^'^h° be the better able to assist and support its own Poor, 
it is further Eesolved and decided, that, from this 
time forward, in all Villages and Settlements, collec- 
tions shall be made and something laid up for the 
Poor and Needy. That such may be put in prac- 
tice, as well in the Villages where there is Preach- 
ing, as in those where there is no Preaching, the 
Director General and Council of New Netherland 
do hereby Order and command all Magistrates of 
the Villages where there have been no Ministers 
hitherto, that each in his respective Village or Set- 
Twogcisons tlement shall nominate and qualify two proper per- 
CTMys°Qn- sons, who shall go around every Sunday with a little 

day, in eacb • t -t 

t"mJoi°ihe ''ag among the congregation and collect the Alms 

^''°'' for the support of the Poor of that place, and then, 

if they fall short, they shall address themselves 

in the manner as above set forth to the Deacons 

of this City, flereby notifying and warning all 

S^SSS^ respective Magistrates that, in case they neglect to 

TOiiMtioT have weekly collections made in manner as afore- 

takeo up to 

bepanished. gg^j^j^ ^jjgy ghall, for such ucglect, be corrected as the 
case may require. 

Done in Fort Amsterdam in New Netherland, the 
22 October, 1661. 

Note. — This is the first Law enacted in the State of New York 
providing for the support of the Poor. Under what are known as 
The Duke's Laws, the support of the Poor was, subsequently, made 
a Parochial or Town charge. In 1683, the maintenance of the Poor 
became a County charge. Tb, 



NEW NETHERLAND. 413 



ORDINANCE 

Of the Director General of New Netherland imposing a Land tax at 
Esopua, to defray the expense of building a Minister's house there. 
Passed 12 November, 1661. 

[N. T. Col. MS8. IX. 883.] 

The Schout and Commissaries of the Tillage of Prewnwe. 
Wiltwyck, in the JEsopiis, having exhibited to me, the 
undersigned, in my quality of Director General of 
this Province of New Netlierland, the account* both 
of the materials and wages for labor already due and 
earned on the new house for the Minister, and 
requesting, at the same time, advice and consent 
how, and in what wise, the same is to be procured 
from the Commonalty, to the end that the Creditors 
of the delivered materials and wages for labor may 
obtain what is due them, it is hereby consented and 
Ordained, that said Schout and Commissaries shall 
have power to levy and collect from every Morgen of tm im- 
land, whether of pasture or tillage land, which any p^yfji^m 
one about the aforesaid Village occupies or claims as bSud?ng 

^ *■ Minister's 

his own, one Eix dollar per Morgen, Beaver value, in mSS^k 
good Wheat, payable one-half down, and the other 
half, without fail, next summer ; and, further, from 
the other Inhabitants, who possess only Lots and no 
Lands, according to their means. And the one and 
the other being heard in our presence thereupon, are 
assessed in manner as follows : 

Jurriaen Westvael, tenant on Balthasaer ^^m°' 

Lasar Stuyvesant's bouwery, cont^ 25 Msesaed. 

morgens, fl.62 10 

The Hon"* Director General for a point, 12 

morgens, 30 

Jurriaen Westvael, for his own land, 28 

morgens, .* 70 

Thomas Chambers, 2 bouweries, each 40 

morgens, 200 



414 LAWS OF 

Evert Pels, his bouwery, 36 morgens, . fl.90 

Albert Heymans, on the bouwery of Jacob 

Janse Stol's widow, 30 morgens, 90 

Eoeloff Swartwout, tenant on the bouwery 
of Jacob Jansen Stol's widow, contain- 
ing 43 morgens, 107 10 

Oornelis Barentsen Slecht, tenant on the 

bouwery of M""* d' Hulter, 64 morgens, 160 
Oornelis Barentsen Slecht's own claimed 
lan'd, for Avhich he has neither survey nor 

patent, estimated at 25 morgens, 62 10 

M°^ de Hulter's unsurveyed pasture land, 

estimated at 25 morgens 62 10 

Albert Gysbert's land, 20 morgens, 50 

Aert Jacob's land, 47 morgens, 117 10 

Tjerck Claesen's land, 50 morgens, 125 

Aert Pietersen Tack, 20 morgens, 40 

Michiel Foure, 4 morgens, 10 

The following House lots of those who have no 
Farm lands, 

Andries van der Sluys, lot, fl.lO 

Jan Aerts, smith, voluntarily offers, 20 

Michiel Fouree 12 

Jan Broerse, 10 

Jan the Brabander, 10 

Andries Baerents, 12 

Hendrick Oornelisse, assessed, 20 

Hendrick Jochemse, offers 20 

Harmen Hendricx, 12 

Jan Jansen, carpenter, assessed, 10 

Jacob Barents, offers, 12 

Jacob Joosteu, offers, 12 

Pieter van aelen, assessed, 10 

Matthys Eoelofse, offers, 15 

Jacob Burhamse, offers, 20 

Gerrit van Oampen, 10 



NEW NETHERLAND. 415 

Anthony Creupel, fl.lO 

Albert Gerrits, 10 

Baerent Gerrits, 25 

Jacob Blancon, 10 

Jan de Backer offers 1 thousand Bricks. 

Willem Jansen, 12 



It is stipulated, in regard to the Lands, that if 
hereafter by the survey, there be found a greater or 
fewer number of acres, the owners shall pay the sur- 
plus on the returned contents, and receive back what 
it falls short, according to the showing of their 
returns of survey and Patents. The tax on the Lots 
shall be discharged and paid immediately in light 
money. 

Thus done in the Village of Wiltwyck, present the 
Inhabitants aforesaid, this 12 Ifovember, 1661. 



ORDINANCE 

Of the Director General of New Netherland for the observance of 
the Sabbath, prevention of Fires, construction of Fences and Houses, 
and for the keeping in repair the Pahsades at Wiltwycli, in the 
Esopus. Passed 18 November, 1661. 

[N. T. Col. MSS. IX. 887.] 
1. 

No person shall be permitted to perform on the ordinary 
Sabbath, by us called Sunday, any work at his thS*at" 
ordinary business, whether Plowing, Sowing, Mow- p"'^''"***' 
ing. Threshing, Winnowing, Transporting Wood, 
Hay, Straw or Grain, Grinding or conveying 
any goods to or from the Strand ; on the penalty of pen»ity. 
One pound Flemish for the first time, double as 
much for the second time, and four times double as 
much for the third time. 



416 LAWS OP 

2. 
Liquor rot Mucb Icss shall anyone on the Sabbath of the Lord 

to be sold on ^ 

thesabbath. giyg entertainment in Taverns, sell or give away, 
under any pretext whatsoever, Beer, Wine or any 
Strong drink, under the above mentioned fine ; and 

Penalty for if auyoue bo fouud drunk on the Sabbath of the 

being found * 

sun'^y." Lord, he shall, in addition to the fine of One pound 
Flemish for the benefit of the Officer, be conveyed to 
the Watcbhouse, and there remain at the discretion 
of the Commissaries. 

3. 
Jh?mne^ In Order to prevent Fires and calamity, no person 
ftrSi''° shall be permitted to construct, or to have any plas- 

houses or in , i • ti */» . 

on\he"<iSoi^ tered or Wooden Chimneys, or to kindle any fire in 
buiMfHS.'" Houses with walls or gables made of straw, or in the 

probibited. 

center on the floors of other Houses covered with 
thatch, unless there be a good, solid plank ceiling in 
the aforesaid houses. 

4. 
dcm't^be The Schout and Commissaries are ordered and 

appointed. _ , , .^ 

commanded to appoint two Fire Wardens, who shall 
Theirduties. go arouud oncc every 14 days or 3 weeks, at furthest 
every month, with the Officer, and inspect all the 
houses and chimneys and see if they are properly 
constructed and cleaned, and they shall fine the 
negligent One pound Flemish for the first time; 
double for the second time, and four times double as 
much for the third time. The fines to be applied as 
above. 

5. 

gI?«^o?°^ I° order to prevent the damages which Horses, 

mildlught. Cattle and Hogs evidently commit on Cornfields, 

the Schout and Commissaries are hereby commanded 

and authorized to constrain every one to make and 

keep tight his proper fence and gates, and what 

ponndtobe appertaiu thereto; they shall also, with the assist- 

erected. ^^^^ ^^ ^^ Inhabitants, cause a Pound to be erected 



NEW NETHERLAND. 417 

for the purpose of placing and confining therein the 
Horses, Cattle and Hogs which commit, or have com- 
mitted, damages on the Cornfields, and duly correct- 
ing and fining him through whom the damage has 
been done. 

6. 
Whereas experience shows that several persons 
who have applied for and received Lots within this 
place, allow them to lie vacant and unfenced, 
and also sell, barter and exchange them, which is 
directly contrary to the Ordinances and Edicts of the 
Director General and Council of New Netherland, in 
that case enacted; Therefore, in the first place all and ,^'{J^f|„'°||i 
every who have received any Lots are hereby ordered moDtSst 

and to be 

and commanded to fence in their obtained Lots yeir. "'"■'" 
within the term of four consecutive months, and to 
build on them within one year, without selling or 
conveying them to others, in default whereof the 
Schout and Commissaries are hereby authorized and 
required to grant and concede such Lots to others Penalty 
who are better disposed and more industrious. 

7. 
Whereas the public Fence or Palisades erected 
around the Village for its defense, and that of the 
Inhabitants, at great cost and labor, begins to decay 
here and there, and openings are here and there made 
and to be seen which remain through the night 
unclosed, to the imminent danger of the place and 
advantage of the enemy, the Schout and Commissa- ^'■'^^'"^^ 

o 'J ' around the 

ries, and also, especially, the Sergeant, are hereby ^pklfld'?''" 
required, authorized and commanded to have the ^^YhS^ 
aforesaid Palisades, where it is necessary, repaired, '°'^'^'' 
the small, decayed and rotten palisades removed, and 
others better and more suitable put in their places, 
especially to have all openings shut at least at night, 
and made so tight and close that no danger may be 
apprehended therefrom ; and if anyone be found 

53 



418 



LAWS OF 



Penalty. 



that did not close and shut at night what he had 
opened during the day, he shall be fined for the first 
time Three guilders, for the second time double as 
much, and for the third time Two pounds Flemish, to 
be applied as before. Let every one be warned 
against loss. 

Thus done in the village of Wiltwyck, the 18 
November, A° 1G61. 



ORDINANCE 



Land tax 
insufficient 
to pay debt 
on Minis 
ter's house. 



Excise 
imposed at 
Eaopus on 
liquors for 
one year. 



Of the Director G-eneral of New Netherland imposing an Excise for 
one year at the Esopus for the further defraying the expense of 
building the Minister's house at Wiltnryck. Passed 21 November, 
1661. 

[N. Y. Col. MSS. IX. 891.] 

Petkus Stuyvesant, on the behalf of the High 
and Mighty Lords States General of the United 
Netherlands, and the Hon"'" the Directors of the 
Incorporated West India Company Chamber, at 
Amsterdam, 

To all those who shall see these Presents or hear 
them read, Greeting. 

Whereas the Schout and Commissaries of the Vil- 
lage of Wiltwyclc have, by the account, represented 
to us that the Tax imposed on the number of Mor- 
gens and House lots does not, and cannot, amount to 
near the half of the expenses incurred and still to be 
incurred on the newly erected Parsonage, therefore, 
as a further addition thereto, we have consented, as 
we do hereby consent, that the said Schout and Com- 
missaries shall, for the term of one year and no 
longer, commencing from the date hereof, be empow- 
ered to levy and collect as an Excise on Beer and 
Wine, in the Village aforesaid, and the district 
thereof, to be consumed, as follows : 



NEW NETHERLAND. 419 

From every tun of Strong Beer, ... four guilders. Bate of 
From a hogshead of Frencli Wine, sixteen guilders. 
From an anker of Spanish Wine, 

Brandy or distilled liquors, six guilders. 

All larger and smaller casks in proportion. 

Therefore, all Inhabitants of the aforesaid Village, inhabitants] 
of what quality soever they may be, are hereby {'^^'{""Jg''. 
ordered, after the publication hereof, to make a return ply eSctay* 
of and enter the Beer, Wine, Brandy and distilled "^"' 
Liquors lying in their dwellings, cellars, or brew- 
houses, and promptly to pay therefor the Excise 
imposed thereupon ; Further, hereby warning and 
commanding them not to lay in, remove or transfer 
henceforth, any Beer, Wine or Liquor, before and 
until the same, in the correct quantity, be entered 
with the Collector, Jacol Burhamse, and the Excise Tothecoi- 

' ' lector, ana 

imposed thereon be promptly paid, in heavy money, 
according to the rating of the Counting house — 12 
White and 6 Black Wampum beads for one stiver — 
and in proof thereof receive a Permit, whereupon are ^eMive a 
marked the quantity and precise measure, on the for- 
feiture of the non-entered Wine, Beer or distilled Penaitj. 
Liquors, and five times the true value thereof, to be 
applied one-third to the Informer, one-third to the 
Officer, and one-third to the Church. Let everyone 
be warned against loss. 

Done in the Village of Wiltwyclc this 21 Novem- 
ber, 1661. 



420 



LAWS OF 



ORDINANCE 



Line of the 
proposed 
new Koad 
at the 
£supus. 



Horses 
under bridle 
or Wagons 
only to use 
the Road. 



No loose 
Cattle to be 
driven 
thereon. 

Penalty. 



Gate to be 
erected at 
the com- 
mencement 



Of the Director General of New Netherland for the construction of a 

new Koad at the Esopus. Passed 22 November, 1661. 

[N. T. Col. MSS. IX. 893.] 

Whereas it is customary, both in Fatherland and 
here, that Highways be made regular and so main- 
tained, even though passing over another man's 
land, to the end that one neighbor as well as the 
other may have easy passage from and to his tillage 
land ; And as, in the Village of Wiltwyck, some dif- 
ferences have already arisen, and more are to be 
apprehended, on this subject, unless timely provision 
be made therein ; Therefore, after divers debates 
respecting the survey and construction of a proper 
Eoad from here to the new and still undivided lands, 
it is judged best and most proper that the Eoad to 
said Lands shall pass over the Land of Evert Pels, 
along the side of the Kill and over across the land 
where it is narrowest, over Jacob Jansen StoVs land, 
unto the New Bridge to be erected at Hulter^s, and 
thence in a straight line through the Great Lot away 
unto the Dwars Kill. In order that the Oorn-fields 
may not suffer any damage from Cattle, whether 
Horses, Colts, Cows or Hogs running at large, said 
Highway or Wagon road shall be used or traveled 
only with Wagons or Horses under bridle and in 
traces, without any one being permitted to drive 
loose Cattle along the aforesaid Eoad, or take along 
Foals beside the Mares, on pain of forfeiting One 
pound Flemish for every Beast, Horse, Hog or Foal 
that is driven or taken loose along said Eoad, besides 
repairing the damage which any one may suffer by 
such Cattle, Horse or Foal running at large. In order 
the better to prevent such damage, a proper and 
swinging Gate shall be erected at the commencement 
of the Eoad, at the cost of all the interested parties, 



NEW NETHERLAND. 421 

and always kept closed by a person to be appointed °J^')f„'Etoad 
thereto expressly, by the Schout and Commissaries; ?!Sl'"'* 
■which person shallj for the opening and shutting of '''^''"' 
the gate, receive from each Bouwery according as "^^"p^",*?^ 
he may agree with the Proprietors or Occupants, at laSeiper 

as to re- 

the discretion of the Commissaries, and from others """""""g 
who pass only now and then through the Gate, and S^laS""^ 
therefore do not agree with him. One stiver for each 2? trans?"* 
opening, two stivers for each freight or pleasure trlveiera. 
wagon, and one stiver for each person who sits 
therein. 

Thus done and enacted in the Village of Wiltwyck, 
in presence of the Hon'"^ Director General, Fetrus 
Stuyvesant, and of the Schout and Commissaries, the 
22 November, A° 1661. 



ORDIIsrANCE 

Of the Director General of New Netherland for the more speedy 
collection of the, arrears due on the House and Salary of the Minister 
at Wiltwyck, in the Esopus. Passed 24 November, 1661. 
[N. Y. Col. MSS. IX. 893.] 

Whereas it is shown to us by the accounts, &c.. Preamble. 
that the majority of the Inhabitants of the Village 
of Wiltwyck, are owing a considerable number of 
Skepels of wheat on the newly built Parsonage and 
the Salary of the Minister, which arrears, the time 
of payment being expired, must be satisfied and 
paid, according to the conditions, out of the present 
harvest and thrashing; add to which, the grain neces- 
sarily required for the garrison for the term of 9 
months, and the short crop, of which the Farmers 
complain, being likewise considered; therefore, the 
Schout and Commissaries of the aforesaid Village, 
together with the Commandant of the garrison, are ^^''^^ov^ 
hereby commanded and required not to send away, %°^^ 
or allow to be sent away, after the freezing up of ^ " 



422 



LAWS OF 



closing of 
the river, 
until arrears 
on Minis- 
ters' iiouse 
and salary 
be paid, and 
the garrison 
supplied. 



Corporal at 

the Bedoubt 
to Bee that 
Xiiquors 
sent up be 
accompa- 
nied by 
permit. 



the Eiver, any graia without our further Order, 
before and until every one shall have brought in and 
paid his quota, both on the one and the other, and 
the garrison shall have been provided and accommo- 
dated with the necessary supply. In like manner, 
the corporal of the Redoubt, is required and com- 
manded to pay attention there, and likewise to take 
care that every time Wine, Brandy and Liquor, are 
conveyed up from the river side, a pass or Permit be 
sent with them, showing the quantity and quality, 
and to whom consigned, in order that they be duly 
entered with Jacob Burhams, the Collector, and the 
Excise imposed thereon, paid. 

llius done and Ordained in the Village of Wilt- 
wyck, the 24 November, A** 1661. 



ORDINANCE 



Court 
erected In 
JVctu VtrechL 



Of the Director General and Council of New Netheriand erecting a 

Court of Justice at New Utrecht. Passed 22 December, 1661. 

[N. T. Col. MSS. IX. 930.] 

Whekbas the Director General and Council of 
New Netheriand, are informed and advised of the 
disorders and non-administration of Justice, in the 
Village of New Utrecht, and that no regard is paid 
to the falling down of the Fences, and allowing 
them to remain open after having been set up around 
the Corn-fields, whereby some good Inhabitants there 
have suffered, and are still exposed to serious damage 
in the Corn-fields, if no means be taken in time to 
provide against it ; Therefore, the Director General 
and Council of New Netheriand, in order to hinder and 
prevent as much as possible in future such disorder 
and irregularities, and for the better administration 
of Justice there, have considered it necessary to 
appoint in said Village, one provisional Schout and 



NEW NETHERLAND. 423 

three Commissaries, before whom, in the first 
instance, shall be brought and instituted all Ques- Jft^fg^'Sn 
tions, Actions, and Differences arising in said Village, 
between Master and Servantman, Mistress and Maid- 
servant, ISTeighbor and Neighbor, Buyer and Seller, 
Lessor and Lessee, &c. Item, all Criminal actions, 
consisting of Threatening, Fighting or Wounding, in criminal 
whether prosecuted by individuals or by the Schout. 
And said Schout and Commissaries shall adminis- in civii 

cases to 

ter justice to the best of their abilities, between the g^^'il^u.t, 

parties appearing before them, and may decree a Fmy^"^ 
deposit of money, dismissal of the suit, or definitive 
condemnation, as they, according to the circum- 
stances of the cases, will consider proper, but from 

all judgments exceeding Fifty guilders, pronounced f„"^"^|°'' 

by said Commissaries, aggrieved parties shall, accord- Flft^eulfd- 

ing to the custom, be allowed to 'appeal to the awe"^'"'* 
Director General and Council of New Netherland. 

The Schout shall, until further order, preside in schout to 

^ preside and 

Court, collect the votes, and also act as Clerk, but if S^'iras'he''be 
he have to act for himself as party, or in behalf of t^iumilt' 

^ "^ for the 

tlie right of the Lords Patroons, or in behalf of jus- ^"'"'°- 
tice, in such case he shall rise up and have no advis- 
ory, much less a couclusive, vote, but one of the in that case 

•' the tienlor 

Senior Commissaries shall then preside in his place. Sp^rraide'.® 
And said Schout and Commissaries are hereby court to 

enact laws 

specially commissioned and authorized to enact Ho''nof"°''" 
proper Order, that the Corn-fields and Gardens be *^^°°^' 
well fenced and kept inclosed, and the broken fences 
properly repaired. 

And for the ensuing year, commencing the first of seh"^2nd 
January next, are by the Director General and ^'«'^'™"^- 
Council aforesaid elected and confirmed, as Schout, 
Adriaen Hegeman; as Commissaries, Jaw Tomassen, 
Butger Joosten, Jacob Mellakers. 

They hereby command all Inhabitants of the JoUISm?'' 
aforesaid Village, who are already there or will here- IF^&tStes. 



424 



LAWS OF 



Papers and 
Becords to 
be trans- 
ferred to 
Schout 
Hegeman. 



after come there, to respect and acknowledge said 
persons for such as they are hereby qualified, and all 
that, until it shall be otherwise ordered by the 
Director General and Council. 

Further, the Director General and Council hereby 
order and command Jacob van Curler, on sight hereof, 
to hand over to the said Adriaen Hegeman all Papers, 
Eecords or other Documents, concerning said Vil- 
lage, that remain in his hands, in order that he may 
make use of them as circumstances may require. 

Dated as above. 



ORDINANCE 



Preamble. 



Pabllc ■Well 
to be erected 
In Bergen. 



Inhabitants, 
on being 
notified, 
to appear 
and assist 
In its con- 
struction. 



Of the Court of Bergen for the construction of a Public Well in that 

Village. Passed 28 January, 1662. Ratified 9 February, 1662. 

[N. T. Col. MSS. X. 50.] 

Wheeeas the Schout and Schepens have reflected 
and duly considered that some persons drive their 
Cattle to water outside the Land gate and Fence 
now provided and erected, they have deemed it 
advisable and highly necessary that a Public Well be 
constructed, for the public accommodation, on the 
Square, to water the Cattle. 

They hereby Ordain, on the ratification of the 
Hon"^ Director General and Council of Netv Nether- 
land, that every one of the Inhabitants of Bergen, 
after having been notified by Jan Tibout, the messen- 
ger, shall be and appear on the day prefixed, person- 
ally or by substitute, on pain of arbitrary correction 
by the Officer. 

Done at the Court of the Village of Bergen, and 
signed by the Schout and Schepens, the 28 January, 
1662. (Signed,) Tielman van Yleeck, president ; Ser- 
mun Smeeman, Caspar Steynmits, Michael Jans. 



NEW NETHERLAND. r425 

The Director General and Council of Netv Nether- Batmca- 

tioo. 

land approve and ratify the above resolution of the 
Schout and Commissaries of Bergen; they, therefore, 
Order all and every whom it may concern, on notifi- 
cation of the messenger, to appear, or to send a 
proper person in their stead, at the appointed time 
and place, on the penalty of 5 guilders for each day, penalty. 
to be forfeited by such as absents himself, to be 
applied for the benefit of the Village in general. 
Dated 9 February, 1662. 



ORDINANCE 

Of the Director General and Council of New Netherland renewing 
the Ordinance of the 21st of July, 1660, regulating the Indian trade 
at Fort Orange. Passed 5 August, 1662. 

[N. T. Col. MSS. X. 186.] 

To the end that the above mentioned Ordinance orfinance 

oJ 21 July, 

may be the better observed, and the violators thereof iSeaT 
discovered, corrected and punished, the Director 
General and Council of New Netherland not only 
hereby renew the aforesaid, but notify and warn ^"f^^^l 
every person that posts have been set up on the Hill y!^n"^^' 
within sight of the Fortress Orange and the Village 
of Beverwyck, and will be placed elsewhere wherever 
it may be necessary. If anyone be found either on penalty for 
foot or on horseback outside those limits, to allure oSteS? 
any Indians or to entice them by presents either per- 
sonally or through Eunners, he shall be fined Twenty 
pounds Flemish ; in case the Peltries are found on 
his back or horse, a double fine in addition to the for- 
feiture of the Horse, Cart or Wagon upon which any 
Peltries are found. 

In order to prevent in future all cavils and nega- Evidenco 

■^ ^ orindians 

tive exceptions, the Director General and Council fifSJ^^*'" 
hereby Ordain and enact, that in conformity with Law."""' 

64 



426 



In case of 

want of 
evidence, 
Defendants 
to clear 
themselves 
OQ oath. 



LAWS OF 

divine and human Laws, the Violators hereof shall 
be corrected and punished on the evidence of two @ 
three witnesses, even if these be Natives. In default 
of the Oath of these, to close the dispute the accused 
shall, agreeably to the foregoing, be obliged to clear 
himself on Oath, or, in case of refusal, be condemned, 
according to the tenor hereof on presumptive evi- 
dence and one witness. Further commanding our 
Vice-Director and OflScers hereby promptly and 
eflfectually to execute these without any dissimula- 
tion or alteration. 

Thus done, renewed and published at Fort Orange 
this 5 August, A" 1662. 



ORDINANCE 

Of the Director General of New Netherland, further regulating the 

Indian Trade at Fort Orange. Passed 5 August, 1662. 

[N. T. Col. MSS. X. 195.] 

Preamble. Whereas expcrieuce hath sufficiently demon- 
strated, that the insolence and disorders perpetrated 
by the Eunners and enticers of the Indians, are not, 
in regard of the latter, as they ought to be, sufficiently 
prevented by the last Eegulation arid the erection of 
a Post, but that the Eunners aforesaid, both near 
and in sight of this place, lay hands on the Natives, 
thereby to frighten and obstruct them ; and that 
many graceless and idle Loafers, to the scandal and 
disgrace of the Christian name and Dutch nation, 
remain loitering near and about the erected Post, 
entire days from morning until night, even on the 
Lord's Sabbath and day of rest, in wait for the 
Indians without any other calling, passing the time 
in an unprofitable, yea an ungodly, manner. Drink- 
ing, Card playing, and other such like disorders ; to 
provide herein as much as possible, a remedy for the 



NEW NETHERLAND. 427 

ruined Trade, for the advantage of this place and its 
Inhabitants, the Director General of Neiv Netkerland 
hereby Ordains and commands, by virtue of the 
previously published Edicts, that no Christians or inaj^nj^no^ 
Indians shall attempt, directly or indirectly, to force, S5fr"de?but 
call, or by any presents to entice, any Indians com- 
ing with Peltries from the country, but every one 
shall, agreeably to the published Edict, dated 21 
July, 1660,* and how again renewed, allow the 
Natives to go and repair, free and unmolested, with- 3f°X'|? 
out any impediment, wherever they please, both pS. 
within and without the settlement; hereby com- 
manding our Vice-director, Clerk, Court messenger, court at 

1 Ti T 1 ^ ■^°'*^ Orange 

and all other the Company's Servants, these, accord- {g,|"L'^S^f 
ing to the tenor of the above mentioned Edict, *°^ 
strictly to observe, execute and cause to be observed 
and executed as they ought to be, without suffering 
any the slightest alteration in, or contrary to, the 
same ; to fine or cause to be fined the Violators to ane 

violators 

thereof, or, in case of any opposition, to send such 
without delay to our Fiscal to be prosecuted accord- 
ing to the exigency of the case. 

Thus done and published in Fort Orange, this 12 
August, 1662. 

* Supra, p. 324. 



thereof 



428 



LAWS OF 



Preamble. 



Conven- 
ticles or 
meellngs, 
other tban 
of the He- 
formed 
worship, 
prohibited. 



Any man, 

woman or 
child assist- 
ing thereat, 
to be fined 
each 50 
guilders. 

JExhorters 
at, or per- 
sons lend- 
ing their 
premines 
for such 
meetings to 
pay double 
fine. 



Impoita- 
tfon and 
distribution 
or conceal- 
inent of 
certain 
Books and 
writinga, 
prohibited. 



ORDII^AlSrCE 

Of the Director General and Council of New Netherlaad against 

Conventicles. Passed 21 September, 1662. 

[N. T. Col. MSS. X. 221.] 

Because the Gouernour General! and Councell of 
New Netherland find by experience that their hereto- 
fore issued publications and Edicts, against Conven- 
ticles and prohibited assemblies are not obserued and 
obeyed as they ought, therefore by these Presents, 
they are not only renewed, but also enlarged in man- 
ner following: 

First the Gouernour Generall and Councell fore- 
mentioned Like as they have done heretofore, so 
they prohibit and interdict as yet, that beside the 
Eeformed worship and service, no Conventicles or 
meetings shal be kept in this province whether it be 
in houses, barnes, ships, barkes, nor in the Woods 
nor fields upon forfeiture of fifty guldens for the first 
time for every person wether man or woman or child, 
that shall haue bene present in such prohibited meet- 
ings, and twice as much for every person, whether it 
be man or woman or child that has exhorted or 
taught in such prohibited assemblies, or shall haue 
lent his house barne or any place to that purpose ; 
for y® second time twice as much ; for the third time 
foure times as much, and arbitrary punishment 
besides. 

Secondlie, because Gouernour General and Coun- 
cel are informed, that now and then, thorough diuerse 
persons seditious & erroneous boecks writings & let- 
ters are brought in & dispersed among the Com- 
mon people, The Gouernour Generall and Councell 
prohibit by these presents not only the jmportation 
of such printed or unprinted boecks, writings or let- 
ters, but also the communicating or dispersing, 
receaving, hiding of the same, upon forfeiture of an 



NEW NETHERLAND. 429 

hundred guldens, to be paid by the importers and f^fl^'^j, 
distributers of such boecks, letters or -writings and SBS'dkf 
fifty guldens for every one that shal receaue them i^ea. 
from those that distribute them, with confiscation of 
the imported boecks when they are found out. 

Thirdly, because the Gouernour General & Coun- 
cel are jnformed that in the particular Villages & 
hamlets of this province many & diverse persons doe 
sojourne & more and more doe dayly come in the 
forementioned Villages & tarry there, without that 
such persons (as they ought) doe make themselues 
knowne & shew from whence they came & to what 
end or that they (as other inhabitants) doe performe 
the oath of fidelity, the Gouernour General and Ooun- coS°ni 
eel doe ordain e & command by these presents dat al p"o°vinca 

•' -"^ without 

and every particular person, that in the same man- {S^iitu 
ner beforementioned, without Leaue & foreknowl- an?e witun 

BIX weeks 

edge of the Gouernour Generall and Gouncell are tSii^nlmea 
come within this province & haue not performed the "^'^ 
Oath of fidelity shal within the tyme of six weekes 
come to y® ofiice of the Secretary of the Gouernour 
Generall & Gouncell that their names may be regis- 
tred and may performe the oath of fidelity like as 
other inhabitants & to subscribe it, upon forfeiture penalty. 
of fifty guldens & arbitrary punishment besides. 

And to prevent in the futur,e such disorder & pro- 
hibited assemblies the Gouernour Generall & Goun- 
cell forementioned doe ordaine & command all 
Magistrates, Schouts, Marishals Officers & Command- Magistrates 
ers within this province to obey «& execute & to ^iiS 
command to be obeyed and executed, every one in ^f^Eilis 
his owne precinct & power as wel against the Con- 
venticles & prohibited assemblies as against all fugi- 
tiues & Vagabonds which without foreknowledge 
and leaue of the Gouernour Generall & Councell & 
not hauing performed the Oath of fidelity, in any 
place shall hide themselues. And if any shall be 



430 



LAWS OF 



Penalty on 
parties con- 
cealing sacli 
persons. 



Officers 
conniving 
at tbe Viola- 
tion of this 
law to pay 
double fine 
and de- 
clared 
Ineligible to 
any oflice. 



found to lodge, entertaine, hide or conceale such per- 
sons, he shall forfeit for the first time fifty guldens, 
for the second time twice as much & for the third 
time four times as much & besides that to be 
punished arbitrarily. And if any Magistrate, Schout, 
Marishal or ofiicer shall be found to winke in this 
case, he shall forfeit the dobble value & declared 
incapable to serue any more in any publike service. 
Thus concluded in y** fort of Neiv Amsterd"" in 
New Netherland the 21 Sept" A'^ 1662 



Note, — The above is copied from the Original Record in English. 
Tr. 



Preamble. 



Btraw not 
to be set on 
fire within 
tbe village 
of Wilt- 
wyck, but 



To be 

burned out- 
side the 
VUlage. 



ORDINANCE 

Of the Director General and Council of New Netherland against 
burning Straw and other refuse Combustibles in the Village of 
Wiltwyok. Passed 16 October, 1662. 

[N. T. Col. MSS. X. 237.] 

Wheeeas the Director General and Council of 
Neiv Netherland are informed that some Inhabit- 
ants of the Village of Wiltivyck make almost a 
custom of setting on lire their superfluous Straw 
in and within the Settlement, whereby not only the 
Houses in the immediate vicinity but the entire 
Village is in imminent danger of being burned, in- 
asmuch as the most of the Houses, Barns and 
Barricks are covered with roofs of reed, it is there- 
fore necessary to provide therein in time, the Direc- 
tor General and Council of New Netherland do, 
accordingly, hereby Order and Command all Inhabit- 
itants of the said Village, and all others whom it 
may any wise concern, from this time forth not to 
set fire to any Straw, Eeed or other Weeds in or 
within said Village, but when they desire to burn 
any Straw, Eeed, &c., such shall be previously car- 



NEW" NETHERLAND. 431 

ried a musket-shot outside said Village, by the posts 
which to that end shall be erected by the Schout 
and Commissaries of said Village, on pain of forfeit- 
ing, by those who, after the posting hereof, shall act 
contrary thereto, for the first time Fifty guilders, Penalty. 
for the second time One hundred guilders, and for 
the third time to be arbitrarily punished as an exam- 
ple to others. [The fines] to be applied, one-third for ^if'^""^ 
the Officer, one-third for the benefit of the Village, »"'^^'' 
and the remaining third for the Poor. 

Done, Fort Amsterdam in New Netherland, date 
as above. 



ORDINANCE 

Of the Director General and Council of New Netherland against 
selling Grain at the Esopus by Unstamped measures. Passed 27 
November, 16C2. 

[N. T. Col. MSS. X. Part I. 276.] 

Whereas divers complaints have been repeatedly p^ambie. 
made to us, in regard to the Measures with which 
Grain is by many measured and delivered here, so 
that when the received grain is again afterward 
measured with a stamped Measure, some fall thereby 
short 6, 8 @ 10 skepels in the hundred, which mis- 
take, if no fraud were to be presumed, arises from 
the fact that some Inhabitants here, in delivering 
their Grain, do not use a stamped Measure, as here- 
tofore Ordained by the Director General and Council 
of New Netherland, but tubs or Skepels made by 
themselves, without having them stamped as they 
ought to be, which it is necessary to provide for; 
Therefore, all Inhabitants are hereby commanded 
and Ordered not to measure, after the posting hereof, J^^^fSSs- 
any Wheat, Eye, or other Grain, except with a wuha''™'" 
stamped Skepel, under a fine of 25 guilders, to be ^tepeL 



432 



LAWS OP 



Penaaty. 



applied, one-third for the OflScer, one-third for the 
Informer, and the remaining third for the benefit of 
the Public ; and, in addition, to make good the Grain 
that will be found deficient. And the Schout and 
Commissaries are charged to cause these to be 
strictly observed and promptly executed as they 
ought. 

Done Wiltwyck, in the Esoj^us, 27 November, A" 
1662. 



ORDIlsrANCE 



Anns, 
clothes or 
other ar- 
ticles be- 
longing to 
soldiers at 

not to be 
taken io 
pawn. 



■penalty, 



Of the Director General of New Netherland against receiving in pawn 
clothing, arms, &c., belonging to Soldiers stationed at Wiltwyck. 
Passed 27 November, 1662. 

[N. T. Col. MSS. X. 27S.] 

All persons are hereby notified not to attempt 
hereafter to advance any Money, Provisions, much 
less Strong liquor, on the Arms, Clothes or any other 
goods of the garrison stationed here, or to take 
them in pawn, on pain of forfeiting Twenty-five 
guilders for the benefit of the garrison, and, in addi- 
tion, restoring the pledged article without the 
redemption money. 

Done in the fort, that is Wiltwyck, in the Eso]»us, 
the 27 November, 1662. 



NEW NETHERLAND. 433 



ORDINANCE 

Of tlie Director General and Council of New Netherland against 
making openings in the Palisades at Wiltwyck. JPassed 27 Novem- 
ber, 1662. 

[N. T. Col. MSS. X. 276.] . 

Whereas it is found that many, contrary to the preamble. 
express prohibition of the Director General and 
Oonucil of New Netherland, have made openings and 
passage ways in the Palisades erected for the defense 
of this place, Therefore, all whom it may concern openings m 

t ' ' J the pall- 

are hereby commanded and ordered to close the mmaf^ku, 

made openings and passages, within twice 24 hours, 

with Palisades or proper doors with locks, provided 

they bring the key every night to the Guard-house, penalty. 

on pain of One pound Flemish. 

Done, Wiltwyck, in the JEsopus, the 27 November, 

1G62. 



ORDINANCE 

Of the Director General and Council of New Netherland further 

regulating the Currency. Passed 28 December, 1662. 

[N. T. Col. MSS. X. 299.] 

Taking into consideration, on the one hand, the preamwe 
depreciation and present low price of Wampnm, to 
the degree that 20, yea, even, by some, 24, guilders, 
are now ordiuarilj' paid for one Beaver, and, on the 
other hand, the Order and Instructions of Mess" 
the Directors, communicated in divers of their dis- 
patches, and especially in their Honors' letter of the 
22 December, 1G59, to reduce the payment which is 
made here to the Company's servants in Wampuin or 
Beaver, to the value of Holland money, the Director 
General and Council of Neiv Netherland find them- 
selves obliged, in order that the Company's servants 

55 



434 



LAWS OF 



"Wampnin 
to be paid to 
Public offl- 
cem at the 
rale of M 
White or 12 
Black beads 
for one 
stiver. 



Boaver 
rated at 7 
guilders 
each. 



may receive in some degree an equivalent of Holland 
money, again to reduce the Wampum, at the Com- 
pany's counting house, from 16 to 24 White, or 12 
Black [beads] for one stiver, and to disburse it at 
that rate on the first of January next, to the Com- 
pany's Servants in payment of Monthly wages and 
Board money, and as regards Beaver, to continue to 
pay it out, provisionally, until further Order, at 7 
guilders, in payment of Monthly wages and board 
money. 

Done, Fort Amsterdam in New Netherland, the 28 
December, 1662. P. Stuyvesant, Nicasius de Sille, J. 
de Becker. 



Note. — " The Order which your Honors made in regard to the pay- 
ment of the Soldiers and other public servants in Wampum hath 
well pleased us, as it tends to afford equal satisfaction lo all. But as 
it still is not equivalent to Holland money, we have resolved hereby 
to order and authorize your Honors to reduce it to the aforesaid value, 
as we also, for said reasons, have provisionally reduced the Beaver 
from 8 to 7 guilders. » s s a » « « a s 

" From this particular reduction of the Wampum, a second general 
reduction must necessarily follow, if the depreciation thereof is to be 
prevented. This arises in consequence of the great importation of 
Wampum from New England, which barters therewith, and carries 
out of the Country not only the best cargoes sent hence, but also a 
large quantity of Beaver and other Peltries, whereby the Company is 
defrauded of its revenues, and the Merchants here of good returns, 
while the Factors and Inhabitants there remain with chests full of 
Wampum, which is a currency utterly valueless, except among New 
Netherland Indians only." Directors to Stuyvesant and Council, N. 
r. Col. MSS. XIII. 57, 22 Dec, 1659. 

Orders were sent in September, 1663, to pay the Beaver to the 
Company's Servants for their wages, at 6 guilders each. Te. 



NEW NETHERLAND. 435 



ORDINANCE 

Of the Director General and Council of New Netheiland against 
advancing Money out of the public Treasury to persons in the pub- 
lic service. Passed 2 February, 1663. 

[N. T. Col. MSS. X. Part ii. 19.] 

Whereas it is found, on balancing the books of preamwe. , 
Monthly wages, that some of the Hon""* Company's 
servants have, by theiu troublesome and importunate 
applications, received more than they were entitled 
to, in direct violation of the Order issued on the 
subject of payments; to prevent this the Director S?^™™'^t 
General and Council of Neio Netherland do hereby madeto° 

Public 

expressly command the Keceiver and Commissary Slli«rthere 
not to pav or advance anything on account to the walSdue"" 
Company's servants, unless they have three months 
wages to their credit with the Company, on pain of 

. , , AdTancos 

forieiting, each time they do to the contrary, without "JlJ^^'^jfte 
our previous knowledge, one month's wages, and, in thel^ura- 

iDR oBlcer. 

addition, be debited on their account with all that 
might have advanced to anyone contrary to this 
Order. Hereby further warning all the Hon"'® Com- 
pany's servants who have not m^e than three 
months' wages to their credit, not to importune or 
trouble the Eeceiver or Commissary for money or 
goods, on pain of instant dismissal, should they still 
continue to importune after this our Order will be 
made known to them. 

Done, Fort Amsterdam in Netv Netherland, the 2 
February, A° 1663. 



436 



LAWS OF 



FUETHEE CONCESSIONS 



Boundaries 
of the Colo- 
niein New 
yctheriaTid, 
granted by 
the West 
India Com- 
pany to the 
City of 
AjTLit£Tdam, 



High and 
Low juris- 
diction con- 
ceded. 

Conditions 
of the 
Grant. 



Qnitrent on 
Beaver to be 
paid to the 
Cutoiiie. 



Goods sent 
lo or from 
the Colonie 
to be in- 
spected by 
an olflcer of 
the City of 
Amsterdam. 



By the West India Company to the Colonie of the City of Amster- 
dam on the South River of New Nether land. Granted 12 February, 
16C3. 

The West India Oompany hath conferred on the 
City the entire South river, and the proprietorship 
of the land beginning at the Sea, upward as far as 
the Eiver extends, and on the North side three 
leagues from the bank of the river landward in, and 
on the South side as far the land there extends to the 
English Colonies, with High and Low jurisdiction, 
on condition that the City shall send thither a good 
number of Soldiers for the protection of the place ; 
also, cause a league of land to be cleared there every 
succeeding year, and send thither Four hundred 
Colonists. 

Friday, 16 February, 1663. 

The Company gives up and renounces the Quitrent 
of 4 stivers on the Beaver, which is paid on the 
South Eiver, and allows the same henceforth to 
accrue to the pi#fit of the City's Colonie. 

In place of all Goods transmitted from here to the 
City's Colonie in Neio Netherland, and thence hither, 
being subject, as at present, according to the con- 
cluded Agreement, to the inspection of a deputy of 
the Company, one Commissary shall be appointed 
hereafter on the part of the City, who shall inspect 
in place of the Company's OflScer, and take an oath 
of fidelity to the Company. 



NEW NETHERLAND. 437 

ORDINANCE 

or the Director General of New Netherland for the perfecting of 
Titles to Lands at Wiltvryck, and for the more speedy settlement of 
the same. Passed 30 March, 1663. 

[N. T. Col. MSS. X. Part U. 53.] 

All and every Person -who claim any Lands either SLTndsIt 

in and about the Village of Wiltwyclc, or in the tSta^J'S 

newly begun Village, on both the Great Lots, are *'"' 
warned and commanded to apply for and receive 
proper Patents and Deeds of said Lands, within the 
space of two months from the date hereof, and also 

to begin to improve, plow, cultivate ISnd provide J°j'=f^'„'iJ^'* 

■with good Fences, within the time aforesaid, the JJithii'^two 

Lands so applied for and obtained, to the end that '°°"' "' 
others who already begin or have begun may not 

suffer any damage; all, on pain of forfeiting the p„"^pf^'„"re' 

Lands granted, and repairing the damage others may ment'or 
now and hereafter suffer. 

Further, all Persons who have applied for and got"'hf'°^ 

received any Lots in the newly begun Village are vmSe'It 

•' JOB theiVo/iuj, 



hereby, for the second and last time, ex superalim- farmw^^ 
danti, notified to place, within at least two months improve ° 

*- and fence 

from this time, a proper workman in the Village, in wuw'fiT' 
order to improve the Lots, especially to fence them ^^^^^^f 
so as to promote the general inclosure around the '"""'°«- 
Village, within the space of 6 months, on pain of 
forfeiting the obtained Lots, and, in addition, 25 
guilders fine. In order that all this may be the 
better promoted, Albert Heymans Boose, Jan Joos- ailpJintS. 
ten and Jan Gerrets, are thereunto qualified and 
appointed Overseers, who are likewise authorized 
and commanded not only to forward the aforesaid 
necessary work according to the Order given them, 
but also to correct those who are negligent, and to 
exact the fine by prompt execution. 

Thus done In the Village of Wiltwyclc, this 30 
March, A° 1663. 



438 



LAWS OF 



ORDINAlSrCE 

Of the Director General and Council of New Netherland against 

False entries at the Custom House. Passed 6 April, 1663. 

[N. Y. CoL MSS. rX. 662] 

This is a renewal of the Ordinance of 23 June, 1661, supra, p. 
401. Tr. 



Preamble. 



Granteea of 

Lands 

owing 

Tenths, 

and which 

are still 

UDlm- 

proved, 



ORDINANCE 

Of the DireclSV General and Council of New Netherland for the 
more speedy and effectual settlement of conceded Lands. Passed 
26 April, 1663. 

[N. T. Col. MSS. X. Part ii. 79.] 

Whbebas experience hath demon strated and still 
shows that, since the publication and repeated 
renewal of the enacted Ordinances and Edicts against 
the neglect of cnltivating, fencing and improving of 
granted and obtained Lands, many Tracts on this 
Island, Long Island and elsewhere, are not only lying 
wild, waste, unoccupied and unfenced, but are also 
abandoned and stripped of their Fences by the Pro- 
prietors, who, nevertheless, whenever the lands are 
sought for by others, in order to cultivate them, 
again reclaim them, and will retain possession of 
them, to the serious damage of the Public, the 
obstruction of Agriculture, and consequently to the 
loss of the Honorable Company's long expected 
Tenths and other Eevenues; the Director General 
and Council of New Netherland, again resuming and 
renewing the above mentioned Edicts, do hereby 
Ordain and command all and every one within this 
Province, who, by virtue of any Patents and conces- 
sions, claim any Lands whereof the Tenths are due, 
and have been due for several years, and which lie 
at present wild, waste, ^nfenced and uucultivated, to 



NEW NETHERLAND. 439 

fence in and improve, within the term of six months, l°^f^^^^^^^^ 
the lands they lay claim to, conformably to the above witS„6 
mentioned Edicts and renewed Ordinance and Eegu- o)."pain'of 

*^ forleiture. 

latlons enacted on the subject of settlements, on pain 
of forfeiting the obtained Lands and the property 
thereof, the said Lands which then reman uufenced 
and unimproved reverting to the absolute disposal of 
the Director General and Council aforesaid, ta be by 
them disposed of for the public benefit. Let every- 
one be hereby warned against loss and against future 
comi^laiut. 

Done, Fort Amsterdam in New Netherland, the 26 
April, A" 1663. 



ORDINANCE 

Of the Director G-eneral and Council of New Nether! md prohibiting 
the bringing of Quakers and other Strollers into New Netherland. 
Passed 17 May, 16G3. 

[N. Y. Col. MSS. X. Part ii. 105.] 

The Director General and Council of Netv Nether- 
land, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 

Whereas we daily find that many Vagabonds, Preamwe. 
Quakers and other Fugitives are, without the pre- 
vious knowledge and con.sent of the Director Gene- 
ral and Council, conveyed, brought and landed in 
this Government, and sojourn and remain in the 
respective Villages of this Province without those 
bringing them giving notice thereof, or such persons 
addressing themselves to the government and show- 
ing whence they come, as they ought to do, or that 
they have taken the oath of fidelity the same as 
otlicr Inhabitants ; the Director General and Coun- 
cil, therefore, do hereby Order and command all 



440 



LAWS OF 



Vagabonds, 
Quakers 
and other 
Fugitives 
not to be 
brougtit 
into tlie 
Province 
without 
permission 
of govern- 
ment. 



Penalty. 



Fines, how 
to be op- 
plied. 



Skippers, Sloop captains and others, whomsoever 
they may be, not to convey or bring, much less to 
land within this government, any such Vagabonds, 
Quakers and other Fugitives, whether Men or 
Women, unless they have first addressed themselves 
to the government, have given information thereof 
and asked and obtained consent, on pain of the 
Importers forfeiting a fine of Twenty pounds Flemish 
for every person, whether Man or "Woman, whom 
they will have brought in and landed without the 
consent or previous knowledge of the Director Gene- 
ral and Council, and, in addition, be obliged imme- 
diately to depart again out of this government with 
such persons. The fine to be applied one-third for 
the Fiscal, one-third for the Informer, and the 
remaining third at the discretion of the Court. 

Thus done at the Meeting of the Director General 
and Council holden in Fort Amsterdam in New 
Netherland, the 17 May, A° 1663. 



NEW NETHERLAND. 441 



ORDINANCE 

Of the Director General and Council of New Netherland authorizing 
the Farmer of the Customs to visit and examine Vessels. Passed 
24 Mmj, 1663. 

[N. T. Col. MSS. X.Part ii. 114.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 

Whereas divers complaints have been made to us i^e»mbie. 
by the Farmer of the Duties on Exported and 
Imported Goods, of the great frauds and smuggling 
which are daily practiced and put in execution to the 
damage of his right, requesting that ijrovision may 
be made therein ; Therefore we have authorized, as ramer of 

the Customs 

we do hereby authorize, the said Farmer, being for JTviBu"'* 
the current year Warnaer Wessels, to visit and vrateia."^ 
cause to be visited, whenever he considers it neces- 
sary and proper, all departing Vessels subject to the 
payment of Duties, if they have stayed here over 
night. We therefore order and command all Skip- 
pers, Boatmen and Merchants, so long as they remain ^^lf„St 
within this government, in the roadstead, streams iSsSora' " 

in ibe per* 

and rivers of New Netherland, to suffer and permit J°ohduty.°' 
the visit of said Farmer, or his deputy, without offer- 
ing him or his any the least hindrance or obstruction, 
on pain of being proceeded against as the case 
demands. 

Thus done in Fort Amsterdam in New Netherland, 
the 24 May, A" 1663. 



56 



442 LAWS OF 



ORDI]SrA:N"CE 

Of the Director General and Council of New Netherland against 
carrying on any Indian trade at Scliancchtade. Passed 18 June, 
1663. 

[N. T. Col. MSS. X. Part ii. 135.] 

The Director General and Council of New Nether- 
land, having taken into serious consideration the 
repeated complaints of the Inhabitants of the Village 
of BeverwycJi, presented at various times both ver- 
bally and in writing to the Director General and 
Council, as well individually, as collectively, respect- 
ing the damages and losses which are apparently to 
be apprehended, both for the settlement of the 
Village of Beverwyclc, and the Oolonie of Benselaers- 
wyclc, yea, even, for the Inhabitants of SclmnecMade, 
if they, particularly in this dangenous conjuncture, 
continue to remain there, and so as they have already 
begun, carry six @ seven miles* inland, Goods and 
Merchandises on Wagons and Horseback thither, to 
trade with the Indians, whence it is not only to be 
feared but certainly to be expected that the Goods 
will be attacked and set upon on the way, whereof 
some instances have already occurred, viz. : in attack- 
ing of Wagons, firing some shots at them, yea, 
attempting to stop Women on their way thither, and 
other additional Insolences, already committed by 
the Barbarians, both in the Settlement itself, and on 
the road. Esclnsive of tbis, the previously issued 
Ordinances and Edicts against Ennners in the Woods 
are infringed, under pretence of conveying goods 
and merchandises to Schanechtade. 

In order to prevent all these and many other mis- 
chiefs, the Director General and Council aforesaid 
do hereby Ordain and command, that no Indian 

•About 21 English miles. Tb. 



NEW NETHERLAND. 443 

Goods or any Merchandises shall be conveyed Indian 

•^ * Goods not to 

thither, directly or indirectly, under what color or ^"rt'eTti 
pretext soever that may be, much less bartered, either iSa^^^n ' 
directly or indirectly, on pain of forfeiting the Indian for'ei'nre- 
Goods and Merchandises to be conveyed thither; 
one-half to be applied to the Informer, the other half 
for the Officer, either of Fort Orange or the Oolonie 
Renselaerswycic, by whom the complaint shall be 
instituted. Hereby commanding their Commissary, 
and those of the Court of Fort Orange and Village 
of Bfiverivgclc, not only to cause these to be strictly 
observed, but also on sight hereof, to repair to the giod3"at 
newly begun settlement at Schanechtade, and there taae't^be 

•^ *^ seized ana 

take up the Goods and Merchandises already carried «"«>^"*- 
thither contrary to the act of Concession of the 
Director General and Council of 6 April, 1662, and 
have them removed within the space three times 24 
hours, on paiu as aforesaid. 

Thns done in Fort Amsterdam iu New Netlierland, 
the 18 June, A" 1663. 



444 



LAWS OF 



Persons 
found 
traveling 
alone on 
the public 
roads to be! 
fined £1 
Flemish. 



ORDINANCE 

Of the Director General and Council of New Netherland for the better 
protection of Persons traveling on the Public roads. Passed 21 
June, 1663. 

[N. T. Col. MSS. X. Part ii. 151.] 

All Inhabitants of this Province are hereby- 
warned, in the present condition of the conntrj, 
to be cautious in making use of the Public Eoads, 
and to travel only in parties of 4 or 5 persons, and 
provided with proper arms. Those Avho will be 
found acting otherwise shall forfeit One pound 
Flemish, to be applied to the benefit of the Schout, 
Sergeant or Militia Officers who may institute the 
complaint. 

Done, Fort Amsterdam in Wew Netherland, the 21 
June A" 1663. 



ORDINANCE 

Of the Director General and Couficil of New Netherland for the 

arrest of Hostile Indians. Passed 12 July, 1663. 

[N. T. Col. MSS. X. Part ii. 215.] 

Preamble. 1 Wheeeas the Dlrcctor General and Council of 
New Netherland are indirectly informed that some- 
times during this present trouble and War with the 
Esopus Indians, as in the time of peace, some 
Canoes with Indians come on board Sloops sailing 
up and down, as well on this as on the other side 
of the Esopus; And whereas the Indians cannot be 
well distinguished, therefore they might easily, under 
the guise of friendship, surprise or plunder one or 
another Sloop ; Wherefore the Director General and 
Council of Neiv Netherland, in order to prevent such 
and similar Mischiefs that might arise therefrom, 
have resolved to notify and authorize masters of 



NEW NETHERLAND. 445 

departing Sloops to apprehend, if possible, all captains or 

_ , . '^ '■ ^ ' Sloops on 

Indians who may come on board between the Dans JiV^^^o"'' 

cavier and CatsMl, and them to deliver as Prisoners iSns 

. coming on 

here or at the JSsopits, in order that we may make vSseia"^'" 



those who receive and deliver up, as prisoners in this 



Vessels, 

use of such as guides when occasion requires ; and tain^irmi"; 

^ ' and convey 

them u> 
2few Anister- 

manner, any of the £Isopus Indians or their adher- ^|°'j;|''"' 
ents, shall be paid for each One hundred guilders ffies'!^ 

-,TT Steward for 

lU VVatHpUm, delivM-yof 

^ ' such In- 

Done, Fort Amsterdam in New Netherland, the 12 '^'^■ 
July, A" 1663. 



ORDINAISrCE 

Of the Director General and Council of New Netherland prohibit- 
ing the Inhabitants of Breuckelen removing their crops before the 
Tenths are paid. Passed 19 July, 1663. 

[N. T. Col. MSS. X. Part ii. 218.] 

All Inhabitants of the Village of Breuclcelen and crops not to 

be removed 

dependencies are hereby ordered and commanded {feld^'al^ 
not to remove their Crops from the field unless the or'^it?^""' 

vicinity, 

Tenths are i)reviously counted out by the Schout Tenlhi'aro 

TT j_ j_i _*> T ji * L^ counted out 

Heqeman, or an agreement therefor be made with orcom- 

^ ' =' muled. 

him, under a fine of One hundred guilders, and, in penalty. 
addition, the Tenths, at the discretion of impartial 
men. 

Done, Fort Amsterdam iu New Netherland, date 
as above. 



• • 



446 



LAWS OF 



Magistrates 
of Town 
courts to 
enforce 
Law8 

against the 
sale of 
Liquors to 
Indians, 
and 



To enact 

Ordinances 

prohibiting 

auch sale. 



to Ql>ey such 
Drmnances. 



ORDIlsrAISrCE 

Of the Director General and Council of New Netherland empower- 
ing Inferior Courts to make Laws to prevent the sale of Liquor to 
Indians. . Passed 19 July, 1663. 

[N. Y. Col. MSS. X. Part. ii. S83.] 

The Director General and Council of New Netlier- 
land Laving taken into consideration tbe repeated 
complaints both of the Inhabitants and Farmers in 
regard to the very dangerous and injurious sale of 
Brandy and Distilled liquors to the Indians, for some 
time now more prevalent than ever before ; the peril 
that is to be expected and without doubt to follow, 
if seasonable provision be not made therein ; And it 
being found, by doleful experience, that the Edicts 
and Ordinances issued at divers times against such 
practice are not regarded, observed or executed 
according to the good meaning and intention of the 
Director General and Council, as the necessity and 
circumstances of the Country well required. There- 
fore the aforesaid Director General and Council have 
not been able, at this time, to discover any better 
expedient or means to prevent that shameful and 
dangerous trade, than to empower and to authorize, 
specially, as we hereby do, all Subaltern magistrates 
of this Province, not only more strictly to enforce 
and cause to be executed the Edicts and Ordinances 
heretofore promulgated on that point, but, also, for 
the better execution thereof, to make and enact, 
each in his respective Village and jurisdiction, such 
Order against it as he, according to the circum- 
stances of his locality, shall judge best and most 
proper for the suppression of that scandalous traffic. 

"We hereby charge, Order and command all Inhab- 
itants to regulate themselves according to the Ordi- 
nances and Edicts to be enacted on this subject by 
the Inferior Magistrates, each in his respective 



NEW NETHERLAND. 447 

jurisdiction ; them to observe and obey the same as 
if they were issued and Ordained by the Director 
General and Council, under the penalty in the Edicts ^'"""y- 
prescribed. 

Thus done in Fort Amsterdam in New Netlierland, 
the 19 July, A° 16G3. 



ADDITIONAL CONCESSIONS 

To the Colonie of the City of Amsterdam, on the South Eiver of 

New Netherland. Granted 30 Juhj, 1G63. 

[N. T. Col. MSS. nx. 83.] 

The Company grants and consents that one-half one-haif 

^ 'J ^ the Duties 

the clear proceeds of the convoys and Duty from all s"n??rom 
the Goods to be sent direct from hence to the afore- "leivew 

Amatel, on 

said City's Colonie, in New Netlierland, shall be nv>?^he 
received by the aforesaid City for the term of eight ^^f^V^t^"" 
consecutive years, so that the receipt and administra- '-'°""^^- 
tion of the Duty and convoys aforesaid shall eflfectu- 
ally remain as hitherto, without any change being nmiesto 
made therein, but the half of the net proceeds shall ^^tlT 
be paid by the Company to the City aforesaid, to be 
expended and employed as requested ; all with this 
understanding, that the abovenamed Commissioners proviso. 
shall also punctually observe and execute all the 
foregoing agreements and consents, especially what 
has been resolved on the 18th of February last. 



be the same 



448 



LAWS OF 



ORDINANCE 



Previous 
Laws mis- 
construed, 
but now 
ampilSed, 
ana 



To apply to 
the entire 
ofSunday. 



Ordinary 
labor, 
Drink- 
ing clubs, 



Ganiing, 

Boating, 

Riding, 

Fishing, 

Fowling, 

Gathering 

Nuts or 

Berries, 

Trading 

with 

ludiaDS, 



Playing of 
Children in 
the Streets 
on the 
Sabbath, 
between 
sunrise and 
sunset, 
prohibited. 

Penalty. 



Of the Director General and Council of New Netherland for the 

better observance of the Sabbath. Passed 10 September, 1663. 

[N. T. Col. MSS. X. Part ii. 293.] 

Whereas the Director General and Council of 
Neiv Netherland experience and observe that tbeir 
previously enacted Ordinances and Edicts regarding 
the Observance of the Sabbath, are not observed and 
obeyed according to the Law of God and their good 
meaning, but are by one and another misinterpreted 
and misconstrued, as if the previously issued Edicts 
only had reference to, and had in view the observance 
and keeping of half the Sabbath ; to remedy which 
misunderstanding for the future, the Director and 
Council, resuming, renewing and enlarging their 
foregoing Edicts, do hereby Ordain and command 
that not only a part but the whole of the Sabbath 
day shall be kept. 

Therefore, all and every are hereby notified that, 
during the Sabbath, from the rising to the going 
down of the Sun, no ordinary labor shall be per- 
formed, much less drinkiug-clubs allowed to sit. In 
like manner, also, the Director General and Council 
aforesaid, do prohibit on the Sabbath, all extraordi- 
nary exercises, such as Gaming, Boating, Eiding in 
cars or wagons. Fishing, Fowling, Eunning and 
roving in search of Nuts and Strawberries, Trading 
with Indians, or any such like, and, among the rest, 
the too unrestrained and excessive Playing, Shouting 
and Screaming of children in the Streets and High- 
ways, on the fine of the upper garment, or six guild- 
ers (according to the rate of the counting house) for 
the first offense ; double the sum for the second time, 
and for the third time to be exemplarily corrected on 
the body. 



NEW NETHERLAND. 449 

Thus done in Fort Amsterdam, in New Netherland, 
the 10 September, A° 1663. 

Note — The Burgomasters and Sohepens of New Amsterdam de- ^^Jlf^'fji^r- 

clared on the 10 March, 1664, they would not dare to publish the above dam object 

Ordinance, as many of its provisions were too severe, and too much severity of 

in opposition to the Freedoms of Holland. N. Y. Col. Z>oc. X. pt. contrary 

iii. 119. Tb. Freedoms 

otJioUand. 



ORDINANCE 

Of the Director General and Council of New Netherland, for the 
better security and Settlement of Bergen. Passed 15 November, 
1663. 

[N. Y. Col. MSS. X. Fart ii. 389.] •• 

On the repeated complaints of the majority of the preamble. 
Inhabitants of the Village of Bergen, that some 
continue to neglect to occupy the Lots they obtained 
in said Village, and to keep thereon a man fit to bear 
arms ; also that some absent themselves without 
providing for their Watch, whereby the people of 
said Village are so much fatigued that they cannot 
any longer stand at their posts, and are unwilling to 
go any longer on guard unless the others, who have 
vacant Lots, keep for the guard one man with them 
for each Lot ; the Director General and Council, in «™n^^« 
order to prevent this confusion, resolve that all those fiShand 
who claim any Lots in the aforesaid Village shall, c^awo"?" 
within 24 hours after the service hereof, furnish and S^ils^^'i.n 

. _ pain of 

continually maintain for each Lot one man able to forfeiture. 
bear arms, and to keep watch and ward, on pain of 
having the Lots with the Lands thereunto appertain- 
ing, as surveyed by the Surveyor, immediately given 
and granted in propriety to others. Let every one be 
hereby warned for the last time. Dated as above. 

57 



450 



LAWS OF 



ORDIlSrANCE 



Preamble. 



Lessees of 
Lands not 
to employ 
tn the ser- 
vice of 
others, any 
Horses, 
Oxen or 
other prop- 
erty belong- 
ing to the 
Parm; but 



In the ex- 
clusive 
work of the 
leased 
premises. 



Penalty. 



Of tbe Director General and Council of New Netherland to prevent 

certain abuses on Leased lands. Passed 29 November, 16G3. 

[N. T. Col. MSS. X. Part ii. 403.] 

The Director General and Council of New Nether- 
land, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 

Whereas, from time to time many complaints 
have been made and many questions and differences 
have arisen in regard to and because many Lessees 
of Bouweries*undertake, contrary to the intent and 
meaning of the Proprietors, not only to employ and 
make use of the leased Horses, Oxen, Plows, Wagons 
and other implements, on the Bouweries and Land 
for Avhich they were leased, but also in the service of 
others and on other Lands, whereby not only the 
Horses, Cattle and implements are overworked and 
worn out, but even the leased Bouweries and Lands 
lie frequently uncultivated, to the serious damage of 
the Lessors and Agriculture in general; in order 
then to prevent such just complaints in future, 
the Director General and Council aforesaid hereby 
Ordain and enact that, from this time forward, no 
Lessees of Bouweries, Lands or Plantations shall be 
peru)itted to use or cause to be used the leased 
Horses, Oxen, Carts, Wagons, &c., in the service of 
other persons, whether for plowing, drawing out tim- 
ber or any other purpose however named, but shall 
be bound to employ or use the leased Implements, 
Horses, Oxen, Plows, Wagons, &c., for no other pur- 
pose than for the behoof and advantage of the Land 
and Bouwery for which they are leased, xtnless such 
be expressly stipulated by written contract, on pain 
of forfeiting Four skepels of Wheat for each day, in 



NEW NETHERLAND. 451 

addition to what may be earned by plowing, drawing 
of timber, &c., to be applied one-half for the Proprie- 
tor and the other half for the Officer. 

Thus done iu Fort Amsterdam in New Netherland, 
the 29 November, 1663. 



Preamble. 



ORDINANCE 

Of the Director General and Council of New Netherland for the 
arrest of Indians found drunk on Sundays. Passed 31 December, 
1663. 

[N. T. Col. MSS. X. Part U. 451.] 

Whereas we find with regret that many Inhabit- 
ants presume, notwithstanding it has been repeatedly 
forbidden, to sell Brandy to the Indians, not only on 
working days, but also on Sundays ; in order to pre- J°*iS'"JVnnic 
vent such as much as possible, it is Eesolved to io"bi™MS* 
have the Indians who are found drunk on Sundays S|^,fi^';,^e 
arrested, and not to liberate them before they shall ^'v^'^- 
have paid One pound Flemish. But the Sachems sachenw 

* * to be Ill- 

shall be previously informed hereof. Dated as ISf^w.' 

above. 



452 LAWS OF 

ORDINANCE 

Of the Director General and Council of New Netherland prohibiting 
the purchase of Goods stolen by Indians. Passed 31 December, 1663. 
[N. T. Col. MSS. X. Part li. 452.] 

The Director General and Oonncil of New Nether- 
land, 

To all those -wlio shall see these Presents or 
hear them read, Greeting, make known. 
Preamble. Whekbas, in the last as in the previous troubles 
also with the Indians, it is found that some In- 
habitants have not hesitated to purchase or barter, 
from the Indians, furniture aud cattle which the 
Indians plundered from divers Inhabitants and 
Bouweries, whereby the Barbarians are encouraged 
aud afforded an opportunity to perpetrate more and 
more such Robberies and Thefts, to the serious 
damage of the Farmers and of Agriculture; To 
prevent then such and many other bad consequences 
which will follow therefrom if seasonable jjrovision 
be not made in the premises, the Director General 
and Council aforesaid do hereby Ordain and enact 
that no Inhabitants of this Province, of what rank or 
piunaer, Quality thcy may be, shall attempt to purchase, barter 
Sottobe ov trade under any pretext whatsoever, any plun- 
indfans,"" dcrcd or stolen Movables or Cattle from the Indians, 

withuut 

permission, nulcss iuforuiatiou thereof be previously given to 

the Director General and Council or to the Inferior 

Magistrates, each in his respective jurisdiction where 

such goods are offered for sale, and their permission 

and consent thereto be had and obtained. Whoso- 

purchasera cver coutrary to this Ordinance shall attempt to buy, 

my*"o|"r barter or trade any plundered or stolen Cattle or 

It up, and ]y[ovables from Indians shall be bound to deliver 

up what they have purchased or bartered to the 

Owners or to the Court under which they resort, 

•without receiving therefor any restitution or compen- 



NEW NETHERLAND. 453 



sation, and forfeit, in addition, as a tine, as much as TobeAnea 
they shall have given the ludians for the purchased Xauhey 
or bartered goods, to be applied for the benefit of ioiil" 
the Officer who will enter the complaint. 

Done, Fort Amsterdam in New Netherland, the 31 
December, A° 1663. 



ORDINANCE 

Of the Director General and Council of New Netherland for the 
appointment of Fence Viewers and the erection of Pounds in the 
several Towns and Villages of the Province. Passed 3 January, 
1664. 

[N. T. Col. MSS. X. Part iii. 5.] 

The Director General and Council of Neiv Nether- 
land, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 

Whereas more and more complaints are daily preamoi«s 
made and presented by the Farmers of the great 
damage done to the planted and sowed fields, be- 
cause such care and attention as ought to be taken 
of the Fences are not paid thereto in many places, so 
that, by the trespassing of Cattle in some Villages, 
entire plantations are eaten up, destroyed and trod- ' 
den under foot, to the serious damage of the proprie- 
tors and the detriment of Agriculture in general ; to 
obviate and prevent which in future, as much as 
possible, the Director General and Council aforesaid 
do hereby Ordain, enact and command that in all Three 

•^ Fence 

Villages, Hamlets and Settlements, not only shall Jj.Tp^in't. 
three persons be appointed and commissioned to pay '^I'^f^-^^ 
strict regard and attention to the Fences, to examine ™*°' 
them every 14 days or three weeks, and to fine the Duties of 
delinquents after they have been duly notified, but, ^'«"er». 
also, that in each Village, Hamlet or Settlement, a 



454 



Pounds to 
be erected 
belbre the 
last of 
March next. 



Cattlo 
found tres- 

Eassing to 
e im- 
pounded. 



Penalties 
Jor tres- 
passiug. 



Cattle not 

released 
belore sun- 
set, subject 
to double 
penalty, 
and it not 
released on 
the second 
day, to be 
publicly 
sold for 
damaees. 



Modifica- 
tion of 
Penalties. 



LAWS OF 

proper Pound shall be constructed by the respective 
Inhabitants on the first fitting opportunity, at latest 
before the last of March ensuing ; And not only the 
Sellouts, Officers and Ministers of .Justice, but all 
and every the Inhabitants, are hereby authorized to 
take up and impound all Cattle found in Cornfields 
within a common fence, for which the impounder 
shall receive from the Owner, before he shall be 
obliged to release the impounded Cattle, 

For a Horse, fl.lO 

For an Ox or a Cow, 8 

For a Calf, Hog, Sheep or Goat, 6 

in Wampum at 8 for one stiver. 

If the Owner fail, after being notified, to release 
the impounded Animal before Sunset, and allow it 
to remain there to the next day, he shall then pay 
twice as much ; and failing to release it on the 
second day, the nearest Officer shall cause the im- 
pounded Animal to be publicly sold to the highest 
bidder, in order to obtain and recover the suffered 
damages and the imposed fine. 

Done, Fort Amsterdam in New Netherland, the 3 
January, A" 1664. 

The fine mentioned in the above Ordinance is, for 
reasons, fixed as follows : 

For a Horse, fl.6 

For an Ox or Cow, 4 

For a Calf, Hog, Sheep, 2 

AVhich fine shall be applied one-half for the Pound- 
keeper, and the other half for the Impounder or 
whomsoever makes the complaint. 



NEW NETHERLAND, 455 



EDICT 

Of the States General declaring the Right of the "West India Com- 
pany to plant Colonies in America, and the power of said Company 
to conclude the Treaty of Hartford in 1650. Dated 23 January, 
16C4. 

[Groot Placaet Book, 11. 8154.] 

The States General of the United Netherlands. 

To all who shall hear or see these, Greeting, Be it 
known. 

Whereas, for divers and weighty reasons. We prcamwe. 
thought it proper, in the year 1621, to erect and 
establish, in our country, a company called the West 
India Company, through the same alone, and to 
the exclusion of all others, to resort and trade to the Abstract 

ofthe 

coasts and countries of Africa, from the Tropic of ^htwLf 
Cancer to the Cape of Good Hope, and the Countries pSSy**^""' 
of America, or the West Indies, from the south end 
of Terra Nova through the Straits of Magellan and 
La Maire, or other passages and straits situate there- 
about, unto the Strait of Anyan, as well on the North 
as South Sea, and all islands lying on the one and 
the other side and betwixt both, and extending to the 
Australian or southern countries, and lying between 
both Meridians, including, in the east, the Cape of 
Good Hope and in the west, the east end of N&w 
Guinea. Granting, by the second article of the 
Charter of the 3'^ of June, 1621, given to them under 
Our great seal, further and more particularlj', that 
they, ill Our name and by Oar authority may, within 
the aforesaid limits, make and conclude contracts, 
treaties and alliances with the Princes and Natives 
of the countries contained therein, erect fortresses 
and strongholds there, appoint, remove and dismiss 
Governors, soldiers and officers of justice necessary 



456 



LAWS OF 



New Xether- 
/antlplanced 
by virtue 
of the 
above- 
mentioned 
Charter. 



West India 
Conipuny 
incorrectly 
supposed 
to be es- 
tablished 
only lor 
Trading 
purposes. 



Empowered 
to establish 
Colonies in 
vacant 
countries, 
and 



To settle 
their 

Boundaries 
agi«tiably 



for all other requisite services, for the conservation 
of the places, the maintenance of good order, x)o1ice 
and justice, together -with the promotion of trade, 
and others in their places to appoint, according as 
the same shall be found proper, and especially as it 
may best promote the peopling of fruitful aud unin- 
habited countries ; And the aforesaid Company hav- 
ing, from the beginning, by virtue of the aforesaid 
Charter, in conformity with Our sincere intention, 
established their people and colonists on the coast 
of America, in the country called New Netlierland, 
notwithstanding which, some persons, evil disposed 
towards our State and the said Company, endeavor 
to misrepresent Our good and honest meaning, 
as the same is contained in the said Charter, as if 
We had privileged the said Company only to 
trade within the said limits, and not to colonize or 
to plant settlements, or take possession of lauds, 
calling the Company's right thereto in question. 

Wherefore We, being desirous to assure all, each, 
and every one whom it may concern, of Our intention 
in the aforesaid Grant, hereby declare Our meaning 
well and truly to have been and still to be, that the 
aforesaid Company was and is still empowered to 
establish Colonies and settlements on lands unoccu- 
pied by others, within the limits aforesaid, and par- 
ticularly that the same (for the preservation of the 
right which devolved on them in virtue of the afore- 
said Charter, by discovery and occupation of tbe 
Fresh river and other places in New Netlierland, 
situated more easterly, even unto Cape Cod, and from 
Cape Hinlopen and fifteen leagues further south, 
along the coast) could, by virtue of the aforesaid 
granted Charter provisionally, and until further 
agreement on a settled Boundary between the King 
of Great Britain and Us, adjust their limits conform- 
ably to the provisional division and Boundary con- 



NEW NETHERLAND. 457 

clnded in America between both governments in the l^rS?y„f 
year 1650, and ratified by Us on the 22" February, Sid by 

tliesmtca 

105G, which shall be as follows, to -wit: On the oenerai. 
main land from the west side of Greemvicli lay, being gJ^Sry 
about four miles from Stamford, and also to run SfeiSjan* 
inland in a northerly direction twenty miles, provided 
it approach not within ten miles of the North river. 
And further on Long Island, from the west side of 
Oyster lay in a straight line south unto the sea, 
remaining by provision and in conformity as before, 
the east part of the aforesaid island to the English, 
and the west to the said West India Company and 
the inhabitants of this country. 

Wherefore We request all Emperors, Kings, Ee- SmpJSy" 
publics, Princes, Potentates, Friends and Allies of disturbed m 

I- ' ' ' the posses- 

this State, or Neutrals, to allow the aforesaid West » o^iaw* 

limits. 

India Company to enjoy and possess the aforesaid 
limits in peace and quietness, which We shall freely 
reciprocate towards them on suitable occasions. We 
further expressly and strictly charge and. command 
all, each, and everj' person in Our service, and nnder 
Our obedience, and especially the .inhabitants within 
the aforesaid limits, punctually, precisely and with- 
out opposition, to regulate themselves according to 
the tenor of this Our Act, and not act or allow others 
to act contrary thereto, on pain of incurring Our 
highest indignation and displeasure, and being, con- 
seqnently, punished as contraveners of Our com- 
mands, according as the exigency of affairs shall 
demand. 

Given at the Hague, under Our great seal, the 
paraphure and signature of Our clerk, on the 23'^ 
January, 1664. 



58 



458 



LAWS OF 



ORDINANCE 



Preamble. 



Inferior 
Court of 
Justice 
erected on 
Slaten 
Island. 



Names of 
Magistrates. 



Jurisdiction 
of tile Court 
In CivU 
cases ; 



In Criminal 
cases. 



Senior 
Ma^strate 
to act as 
Sheriff. 



Further 
Jurisdiction 
of tlie Court 
in avil 
cases. 



Cases 
exceeding 
fiO guilders 
appealable. 



Of the Director General and Council of New Netlierland erecting a 
Court of Justice on Staten Island. Passed 28 January, 1664. 
[N. T. Col. MSS. X. Part iil. 25.] 

The Director General and Council of New Nether- 
land, 

To all tbose wlio shall see these Presents or hear 
them read, Greeting, make known. 

That they, for the public good, for the greater 
advancement and increase of the recently begun 
Village on Staten Island, and for the more conven- 
ient administration of Justice, have considered it 
necessary to establish in the aforesaid Village an 
Inferior Court of Justice, which shall provisionally 
consist of the three uudernaraed Commissaries, to 
wit: David d' Amarex, Piere Billion, and Walraven 
Lvtten. 

Before -whom, in the first instance, shall be brought 
all Questions, Actions and Differences arising in 
said Village between Lord and Vassal, Master and 
Servant man. Mistress and Maid, Neighbor and 
Neighbor, Buyer and Seller, Lessor and Lessee, Mas- 
ter and Workman, and other such like ; Item, all 
Criminal Actions, consisting of Deeds, Threats, 
Fighting or Wounding, whether moved and insti- 
tuted by party or by the Senior Commissary who, 
until further order, shall represent the Sheriff in that 
place. 

And said Commissaries shall do justice to the 
best of their knowledge between parties appearing 
before them, and may decree provision of Deposit, 
Dismissal or Definitive condemnation, as the circum- 
stances of the case shall authorize. 

But any party feeling himself aggrieved may 
appeal to the Director General and Council of New 
Netherland, according to the custom here, from all 



Fences. 



NEW NETIIERLAND. 459 

jmlgments exceeding Fifty guilders, pronounced by 
said Conimissaries. 
And said Oomuiissaries are hereby specially com- court em- 

*> L *» powered to 

missioned and authorized to enact proper Ordinances By^iJ^S^^ 
that the Cornfields and Gardens be carefully fenced, (s'f„'^^|'«=- 
kept inclosed, and the broken fences properly re- RoToV" 
paired. They hereby command all Inhabitants of 
the aforesaid Village who already are there, or who 
will hereafter come thither, to respect and acknowl- 
edge the aforesaid Commissaries for such as they are 
hereby qualified, and all that, until it be otherwise 
ordained by the Director General and Council afore- 
said. 

Thus done in Fort Amsterdam in New Netherland. 
Dated as above. 

Note. — The above Court was composed of Two Magistrates until 
14 February, 1674, when two others were added, making the number 
of Magistrates four. Tr. 



ORDINANCE 

Of the Director General and Council of New Netherland for the 
Recording of Deeds and Mortgages in Breuckelen, Midwout, Ames- 
foort and New Utrecht. Passed 14 February, 1664. 
[N. T. Col. MSS. X. Part iii. 55.] 

The Director General and Council of New Nether- preunua. 
land, having read and considered the petition of the 
Schout and respective Schepens of the Villages of 
Amesfoort, BreucJcden, Midwout and Utrecht on Long 
Island, setting forth that many Inhabitants in said 
Villages neglect to convey in proper form their 
sold Lands, Houses, and Lots, to the purchasers, and 
to give a quitclaim therefor, as many were, as they 
represent, unwillittg to bear the trouble, loss of time 
and expense attendant on going to the Manhatans, 
to the office of the Secretary of the Director General 



460 LAWS OF 

and Council, so that some Lands were sold 4 @ 5 

times 'witbout being duly recorded, said Petitioners 

tberefore requesting to* be authorized to have Deeds 

and Mortgages executed before them, each within 

courtaof^ his respective jurisdiction. Which, being taken into 

Ai^^-t consideration by the Director General and Council, 

^owe?ii"' *^®y have, for the alleged and other reasons, author- 

Deetr ized, as they do hereby, the said Petitioners to have 

?tc.ffo1^"' executed before them, the Deeds, Mortgages and 

lands within '-' *^ 

spectivt Quitclaims of the Eeal Estate situate within their 

exreuted'""" rcspective Jurisdictions and not beyond or without 
the same; Provided that in each Village correct 

Jr'nl'd" Eegisters be separately kept as well of Deeds as of 

ii^fin°eS^h Mortgages, in order that it may at all times be cor- 

OTpiStiiM^ rectly seen who the right owners of the Lands are, 

mitiedu) and if these are incumbered or not, and that correct 

the Secre- 

p/ovtoce* copies thereof be annually delivered into the Office 
of the Secretary of the Director General and Council. 
Thus done in Fort Amsterdam in New Netlierland, 
the 14 February, A° 1664. 



NEW NETHERLAND. 461 



ORDINANCE 

Of the Director General and Council of New Netherland for the better 
and more carefal Instruction of Youth in the principles of the 
Christian Religion. Passed 17 March, 1664. 

[N. Y. Col. MSS. X. Part iii. 101.] 

Whereas it is most highly necessary and most preamwe. 
important that the youth from childhood up be 
instructed not only in Eeading, Writing and Arith- 
metic, but especially and chiefly in the principles and 
fundamentals of the Eeformed Eeligion, according 
to the lesson of that wise King, Solomon — Train up 
a child in the way he shall go, and when he is old 
he will not depart from it — so that in time such men 
may proceed therefrom, as may be fit to serve their 
Fatherland as well in the Church as in the State. 
This, then, being taken into particular consideration 
by the Director General and Council of New Netlier- 
lancl, becan.se the number of Children is, through the 
merciful blessing of the Lord, considerably increas- 
ing here, they have deemed it necessary, in order 
that so useful and God-acceptable a work may be 
the more eff"ectually promoted, to recommend and scuooi- 

•^ ^ masters to 

command the Schoolmasters, as we do hereby, that Sl'Sren 

they shall appear in the Church, with the Children char|e!J^^ 

committed to their care, and intrusted to them, on Si^t^raeSce 

Wednesday before the commencement of the Ser- |5,'s'|'f4";„ 

mon, in order, after the conclusion of Divine Service, chul-ch, 

ftft^r which. 

that each may, in the presence of the Eeverend JS^^^^.'^*/^" 
Ministers and tha Elders who may be present, exam- ^"'"'''^• 



ine his Scholars as to what they have committed to 
memory of the Christian commandments and Cate- 
chism, and what progress they have made; after 
Avliich performance, the Children shall be dismissed 
for that day, and allowed a decent recreation. 

Done, Fort Amsterdam in New Netherland, dated 
as above. 



462 



LAWS OF 



ORDINANCE 



No person 
to sell by 
retail at 
J'orl Oranpe 
unlesa be be 
a resident, 
or have 
taken out 
Burgher- 
rigiit. 



Of the Director General and Council of New Netherland, against 
Non-residents selling by retail at Fort Orange. Passed 22 April, 
1664. 

[N. T. Col. MSS. X. Part iii. 193.] 

It is hereby provisionally, and until better experi- 
ence, consented, that no person shall be at liberty to 
sell by retail to any Christians withna the hamlet of 
Beverwyck and the jurisdiction of Fort Orange, by 
the small measure or weight, any Wares, except such 
as own a House there, or else have resided there a 
year and six weeks, or have kept fire and light, or 
have hereafter purchased Bnrgherright at a moder- 
ate price. Dated as above. 



ORDINANCE 



Preamble, 



Three 
Fence 
viewers to 
be appoint- 
ed on Man- 
hattan , 
island. 



Their 

duties. 



Of the Director General and Council of New Netherland for the bet- 
ter regulating and keeping of Fences on Manhattan Island, and for 
the appointment of Fence Viewers. Passed 23 June, 1664. 
[N. Y. Col. MSS. X. Part iii. 239.] 

Whereas many complaints are made to the 
Director General and Council of New Netherland 
that the Fences around some Bouweries on Man- 
hatan Island are not kept up as well as they ought, 
whereby others have suffered and are still liable to 
sustain serious damage in their Cornfields by the 
trespassing of the Cattle, if seasonable provision be 
not made therein ; the Director General and Council 
aforesaid have, therefore, thought it necessary, iu 
order to prevent such in future, annually to com- 
mission and appoint three persons as Overseers of 
Fences, who shall go the rounds every three weeks 
or month to inspect the Fences, and on finding any 
Fences out of order, to notify and warn the proprie- 
tors thereof that they shall immediately repair the 



NEW NETHERLAND. 463 

same ; and in case it be not done on the notification, 

the warned person shall pay, for the first time Twelve ^^™tf„g 

guilders; for the second warning, twice as much; their""^" 

^ * ' Fences to 

and for the third time, 50 guilders ; and, in addition, H^l^' 
pay the damage which may be caused by the trespass ''*'""^^- 
of the Cattle in consequence of the imperfection of 
the Fences ; the fine to be applied, one-third to the 
maintenance of the Pound, two-thirds for the Over- Sf^M-Jo" 

' to be ap- 

seers and, in case the persons warned are unwilling '"'"'■ 
to pay the fine on the notification and demand of 
the Overseers, and they are obliged to notify the 
Oflicer thereof and to request his assistance, then the ?™St'y 
person warned shall incur a double fine, to be applied rertSfn*'" 

cases. 

at the discretion of the Judge. 

And Dirclc Sieclcen, Ariaen Cornelissen and Jan Names or 

' r ence 

Langestraet are appointed and commissioned as ''*"'^"- 
Overseers for this year. 

Thus done in Fort Amsterdam in New Netherland 
the 23 June, A° 1664. 



ORDINANCE 

Of the Director General and Council of New Netherland for the better 

regulation of the Trade with Indians. Passed 23 June, 1664. 

fN. T. Col. MS3. X. Part iii. 241.] 

The Director General and Council of New Nether- 
land, 

To all those who shall see these Presents or hear 
them read, Greeting, make known. 

Whereas divers complaints have at various times prsamwe. 
been made, not only by the Inhabitants, but even. 
also, by the Indians, that the latter were not permit- 
ted to go where they pleased with their Peltries and 
other "Wares which they bring to market, but that, 
on their first arrival, were, by some persons seeking 
their own profit, assailed, taken by the arm and 



464 



LAWS OF 



No person 
to obstruct 
Indians on 
their land- 
ing wlcti 
Fura or 
ottier com- 
modities, 
but allow 
them to 
go where 
they pleaec. 



Penalty. 



Fines, how 
to be ap- ■ 
pUed. 



dragged -with their Goods against their will into one 
honse or the other, without allowing the Indians to 
barter and exchange elsewhere their Peltries for snch 
goods as they may require, whence, then, from time 
to time many diflBculties arise, and still more may 
result, unless seasonable provision be made therein ; 
Therefore the Director General and Council afore- 
said, in order to prevent such irregularities, do 
hereby Ordain, enact and command that, from this 
time forward, no person, whether he follow the busi- 
ness of trading with the Indians or not, shall be per- 
mitted, by himself or by others, either directly or 
indirectly to accost, or to take along with him the 
Indians on their arrival at the Eiver side or landing, 
or the Peltries and other wares which they have 
brought with them, or to cause the goods to be car- 
ried to his house, but shall allow the Indians to go 
with their Merchandise where they please and think 
fit, on the i)eualty that he who acts contrary hereto 
shall forfeit, for the first time, 25 guilders ; for the 
second time, 50 guilders, and for the third time, 100 
guilders, in "Wampum ; and, further, be corrected at 
the discretion of the Court. The fine to be applied, 
one-third for the OfiBcer who institutes the com- 
plaint, one-third for the Informer, and the remaining 
third for the Church. 

Thus done in Fort Amsterdam in New Netherland, 
the 23 June, A" 1664. 



NEW NETHERLAND. /* 465 



ORDINANCE 

Of the Director General aud Council of New Netherland for the more 

careful Navigation of the North River. Passed 17 July, IGGi. 

[N. T. Col. MSS. X. Part iii. 280.] 

All Sloop captains sailing up and clown the smopcaiv 
North Eiver are, owiiiff to the perilous situation of §»"p?; 

' O * down the 

affairs, hereby warned and ordered not to navigate ISpt'^i™' 
uj) and down the River until further orders, unless, 
at least, two in company, and then only properly 
manned, so as to prevent disaster, on the fine for- 
merly enacted. In like manner they are also com- S^'iS^^' 
manded to touch, when going up and down, at the fpaiT"'"'' 
JUsopus, and to demand a pass from Commissary 
Beeclcman, as a proof thut this, our Order, has been 
obeyed, on a fine of 25 guilders, according to former Pen»ity. 
Ordinance. Dated as above. 



Between September, 1664, and August, 1673, the country was in pos- 
Bession of the English. 



ORDINANCE 

Of the Commanders and Council of War of New Netherland, altering 
* the Form of Government in the city of New Orangtf. Passed 17 

August, 1673. 

[N. Y. Col. MSS. XXiU. 10.] 

The Commanders and Hon"* Council of War in 
the service of their High Mightinesses the Lords 
States General of the United Netherlands and his 
Serene Highness, the Prince of Orange, &c., Greet- 
ing: 

Whereas We have deemed it necessary, for the preambio. 
advantage and prosperity of our city. New Orange, 
recently restored to the obedience of the said High 
and Mighty Lords States General of the United 

69 



466 



Govern- 
ment of 
Schout, 
Burgomas- 
ters and 
Schepens 
restored in 
New Orange, 



I 



LAWS OF 



Names of 
Schout, 
Burgomas- 
ters and 
Schepens. 



Their 
powers. 



Netherlands and his Serene Highness, the Lord Prince 
of Orange, to reduce the form of government of this 
city, to its previous character of Schout, Burgomas- 
ters and Schepens, which exists in all the cities of 
OUT Fatherland, to the end that justice may be 
maintained and administered to all good inhabitants 
without respect or regard of persons ; Therefore We, 
by virtue of our commission, in the name and on 
behalf of the High and Mighty Lords States General 
of the United Netherlands and his Serene Highness, 
the Lord Prince of Orange, have elected from the 
nomination exhibited by those in office, as Eegents 
of this city for the term of one current year, 

Schout, Anthony de Milt; Burgomasters, Johannes 
van Brugh, Johannes de Peyster, JEgedius Lnyck ; 
Schepens, Wille^n Beeclcman, Jacob Kip, Jeronimus 
Ebling, Lourens van der Spiegell, Gelyn Yerplanclc. 

Which abovenamed Schout, Burgomasters and 
Schepens, are hereby authorized and empowered to 
govern the inhabitants of this city, both Burghers and 
strangers, conformably to the laws and statutes of 
our Fatherland, and make therein such orders as they 
shall find advantageous and proper to this city and 
its inhabitants. And the inhabitants of this city are 
well and strictly ordered and enjoined to respect and 
honor the abovenamed Eegents in their respective 
qualities, as all loyal and faithful subjects are bound 
to do. 

Dated Fort Willem HendricJc, this 17"" August, 
1673. 

(Signed,) Jacoh Benches, Nicolaas Boes, Cornelis 
Evertsen, Junior, A. Colve, A. F. van Zyll. 

Published this 18'" of August, 1673. 

(Signed,) N. Baxaed, Sec^. 



NEW NETHERLAND. 467 



FREEDOMS AND EXEMPTIONS 

Of the several Towns in Achter Col. Granted 18 August, 1673. 
[N. T. Col. MSS. XXni. 12.] 

The Commanders and Hon'''^ Council of War, hav- ^"^abitftnia 

' of Elizabeth 

ing considered and read the Petition of the inhabit- '■S^Pi^'"' 
ants of the villages of Elizabets Toivne, New-Worke ffi'e^riv'i? 
and Piscattaway, have ordered thereupon that all the nIuv^ bom 
inhabitants of those towns shall be granted the same JJf^t'^oV 
Privileges and Freedoms as will be accorded to native STaSL. 
born subjects and Dutch towns ; also the Petitioners 
and their heirs shall unmolested enjoy and possess 
their lawfully purchased and paid for lands, which 
shall afterwards be confirmed to them by the Gov- 
ernor in due form ; in regard to the bounds of each „ , . 
town, they shall hereafter be fixed by the Governor Se h^Kafte? 
and Council ; in respect to impressment, none of the 
English nation shall, in time of war with his Maiestv English 

*= J J Inhabllants 

of England, be impressed against their own nation rmp'ra^la 
on condition that they comport themselves quietly war™"" 
and peaceably, but their ships and boats shall be 
subject thereto. Concerning inheritance, they shall J^Xrton|f 
have to regulate themselves according to the laws ^^es'lf™'" 

*-^ ^ inheritance. 

of Netherland, but be at liberty to dispose of their 
property by Will, according to their pleasure ; and in JJi^l^i-'t*"^ 
case any wish to depart from this government with fSprSp- 

erty by 

their property, they shall be at liberty so to do within S^^g^^ftj^e 

the term of six months, on condition of previously on^ayfnj 

paying their debts, and obtaining proper passport 

from the Governor. Furthermore, no person shall 

be suffered to settle within this government without 

the Governor's previous approbation; and, finally, Freedom of 

Conscience 

the Petitioners are granted and accorded Freedom K?SJS?„gto 
of conscience as the same is permitted in the Nether- tut^ca^ 
lands. 



their debts, 
and obtain- 
ing pass- 
ports 



lands. 



468 



LAWS OF 



Preret^ing 
privileges 
extended to 
the Towns 
or' Wood- 

Shrewsbury 
aiid Miiidel^ 



Further, the Depnties from the towns of Woodr 
hridge, Schronsbury and Middeltowne situate at Achter 
Coll, coming into court, the above privileges were, at 
their verbal request, in like manner granted and 
allowed to their towns; but all subject to further 
orders from their High Mightinesses and his Serene 
Highness of Orange. 



ORDINAlSrCE 



Preamble. 



Houses, 

Land!!, 



Of the Commanders of New Netherland seizing all property belong- 
ing to the English or French in New Netherland. Passed 18 
August, 1673. 

[N. T. Col. MSS. XXm. 15.] 

Whereas their High Mightinesses the Lords 
States General of the United Netherlands, and his 
Serene Highness the Prince of Orange, have by their 
declarations to the whole world published and made 
known the injustice of the War, begun and waged 
against them by the Kings of France and England; 
and moreover that their subjects and vassals con- 
tinue and proceed to injure, spoil, damage and all 
possible loss and obstruction to inflict on the good 
inhabitants of their said High Mightinesses and the 
Lord Prince of Orange, for which suffered damages 
and injuries their High Mightinesses and his High- 
ness the Prince of Orange have most urgently' caused 
their Ambassador to demand reparation and satisfac- 
tion, but fruitlessly and in vain. Therefore have 
We deemed it necessary, and find ourselves by virtue 
of our Commission obliged, to put under arrest and 
seizure, all such houses, lands, goods and eft'ects, 
together with outstanding debts, as are at present 
remaining and belonging within this our government 
to the Kings of France and England or their sub- 
jects, all which said houses, lauds, goods and effects 



NEW NETHERLAND. 469 

together ■with ontstanding debts belonging to the outstanding 
Kings of France or England or tlieir subjects as fl^Z.ht'^'" 
aforesaid, We, iu tbe name and on the behalf of their the^Kin^or 

England or 

High Mightinesses the Lords States General of the SeTsu" 
United Netherlands and his Highness the Prince of qSratk. 
Orange, do hereby seize and arrest ; and to the end 
that no man may pretend ignorance hereof. We do 
hereby most strictly order and charge all our subjects pSSoS 
in whose hands or under whose care any of said houses, ?roperV to 
lands, goods and eflFects together with ontstanding f^^'J^Jfin 
debts may be remaining, to surrender and in writing thSs«?^° 
make known the same withm the space of ten days Province. 
after the publication hereof, to our Secretary Nicolaes 
Bayard, under the penalty of double the value of Penalty. 
the goods which contrary to this order and Edict 
shall hereafter be found in their hands and keeping, 
to be applied, one-half to the informer and the other 
half to the government, and in addition to be ban- 
ished out of this Province. 

And whereas it has come to our knowledge, that ^z^ 
Mr. Thomas de Laual hath, contrarv to the Capitula- pro^pJiaSa 

" * public prop- 

tion for the surrender of the countrj', appropriated fi'/Vevenue 
to himself a lot of Negroes and other of the lucorpo- "o Elcie?' 
rated West India Company's effects, also the revenue 
from the tapsters' excise on wine and beer, without 
paying the debts which according to the Gapitulatiou 
were to be discharged therefrom ; We have, therefore, 
deemed it necessary also to attach his property real ^^^^"^ 
and personal which can be found here, until we shall tTe^Pc^nd"" 
receive satisfaction in the premises, or reasons be 
adduced why those debts have not been i)aid. And 
all and every who may have on hand any property ll'^^l™ 
belonging to the aforesaid d^ Laual, or know where Kfrtas 
any of it is concealed, are required to make the same i^rai,to 
known to us, on pain and fine as abovementioned, ^"°7S„"" 
and each and every are hereby warned and admon- Sl^rinw" 

•' " forth. 

ished against damages. 



470 



LAWS OF 



Dated Fort Willem Sendrik, this 18'^'' of August, 
A" 1673. 

(Signed,) Jacob Benches, Cornells Evertsen, Junior. 



ACT 



Preamble. 



Fort James 
called Fort 
Wimam 
Hendrickt 
and New 
York called 
Kew Orange. 



Of the Commanders and Council ofWar of New Netherland, confisca- 
ting Shelter Island and conveying the same to Nathaniel Sil- 
vester. Passed 28 August, 1673. 

[N. T. Col. MSS. XXm. 36.] 

We, Cornelis Evertse the younger and Jacob 
Benches, Commanders, with our adjoined Council of 
War from the fleet in the service of their High 
Mightinesses the Lords States General of the United 
Netherlands and his Serene Highness the Prince of 
Orange, Greeting, make known. 

That, in virtue of our Commission from their High 
Mightinesses and his Serene Highness the Prince of 
Orange, we are authorized and empowered with 
our ships of war and intrusted military, to wage 
war and hostilely to inflict all possible loss and 
damage both by water and by land, on the Kings of 
England and France and their subjects, and if pos- 
sible to take and conquer them and when conquered 
to confiscate [their property] and to declare it for- 
feited for the behoof of the said High and Mighty 
the Lords States General of the United Netherlands 
and his Serene Highness the Prince of Orange, 
and furthermore to dispose thereof to the best 
advantage ; We, therefore, pursuant to our afore- 
said Commission, have endeavored to execute the 
same, to which end, having by force of our arms 
lawfully taken and restored under the obedience of 
our aforesaid Lords and Masters, Fort James now 
called William Hendrilc, with the city of New Torlc 
now named Netv Orange, situate on the Island Man- 



NEW NETHERLAND. 471 

Imtans, with all the lands, places and territories 
thereunto depending, as they were lately possessed 
by the subjects and in virtue of the commission of 
his Majesty of England under the patroonship of the 
Duke of Yorh, among which lands and territories is 
also found a certain island known by the name of 
Shelter Island, situate east of Long Island, at present t^^ 
in the possession of Nathaniel Silvester, yet a part ^'^y^ 
thereof belonging in real property to the heirs of mSS''""' 
Constant Silvester and Thomas Middeltowne residing EnKiish 

~ subjects. 

in England and Barhadoes, being subjects and vassals 
of his said Majesty of England, and of a consequence 
equally open enemies of our Lords and Masters 
aforementioned, to whom in no wise can be granted 
the freedom accorded to all others our actual good 
subjects, who have willingly submitted themselves 
under our obedience, but agreeably to the customs 
and laws of all nations, the goods and effects of the 
said our enemies ought to be confiscated. Therefore 
have we, in virtue of our aforesaid Commission, after 
having previously had mature deliberation with our 
Council of War on the subject, confiscated for their 
High Mightinesses the Lords States General of the 
United Netherlands and his Serene Highness the 
Prince of Orange, all the right, property, action and 
claim which the aforesaid heirs of Constant Silvester Their Bh«re 

of said 

and Thomas Middeltowne or any other persons, our ^l^^^ 
lawful enemies have in the aforesaid island called 
Shelter Island, as we do hereby declare forfeited and 
confiscate their interest and proi)erty for the behoof 
of our Lords Masters, with this understanding how- 
ever, that in this confiscation are by no means 
included, but on predetermined deliberation most 
expressly excluded, whatever interest and right said nigntof 
Nathaniel Silvester hath to said island or other his f"e"bi"ve° 
real and personal goods, effects and furniture, Negroes hb SrhJ?* 

property, 

or whatever else is lawfully belonging to him within Sid^ 



472 



LAWS OF 



this government, as, because of his snbmissiou under 
our said Lords Masters tbeir Higb Migbtinesses tbe 
Lords States General of tbe United Netherlands and 
his Serene Highness tbe Prince of Orange, equal 
protection is granted and allowed to him the same 
as to all others our good subjects. 

Dated Fort Willem Hendrick, the 28'" of August, 
1673. 



ORDINANCE 



strangers 
who have 
not taken 
the oath of 
allegiance 
to quit New 
Orange 
within 24 
hours, 
unless 
specially 
permitted 
to remain. 



Foreigners 
entering the 
city without 
leave to be 
treated as 
Spies. 



Of the Commandiirs pnd Council of War of New Netherland against 
entertaining Strangers in the City of New Orange. Passed 11 Sep- 
tember, 1673. 

[N. T. Col. MSS. XXm. 63.] 

Whekbas it is found that many Strangers are 
daily passing in and out of this City of Neiv Orange 
without giving an account of themselves or their 
business, or whence they come or whither they are 
going, which at this conjuncture of time ought no 
wise to be tolerated or allowed in a well governed 
city. In order then to obviate the same in future, 
We, the Commanders and Hon"*'* Council of War of 
this Our newly recovered Province of New Nether- 
land, do Ordain and direct that all Strangers who 
have not taken the Oath of allegiance or obtained 
any license from Us, shall depart, within 24 hours 
after the publication hereof, from this City and its 
jurisdiction, and that from this time forward no one 
but our faithful subjects only shall presume to enter 
this city of New Orange until they have previously 
obtained our License to that effect, on pain and 
penalty to all those who shall be foimd within 
this City and its jurisdiction contravening this onr 
Order, of being considered enemies of our State, and 



NEW NETHERLAND. 473 

consequently treated as Spies and disturbers of its 
public peace. 
And that this, Our Order, may be the more effect- Names or 

•^ titrau^ers to 

ually enforced, we do interdict and forbid all inhabit- Sl'oTsi^? 
ants of this City of Neto Orange from entertaining, 
lodging or giving bed in their houses to any Strang- 
ers or outside people, of what Nation soever they 
may be, before furnishing the names of those 
Strangers and Outside People, and of the places of 
their abode, to the Schout of this City before the 
going down of the Sun, under a fine of Six hundred ^«''»>*y- 
guilders in Beaver, for each person that will by them 
be entertained contrary to this Our Order, and, in 
addition, according to the circumstances of the case, 
to be arbitrarily punished as an example to others. 
And the Officer of this City is further required and ^^f^^°^ 
charged to pay strict attention that this Our Ordi- cerSrSi"' 

, Fort every 

nance be executed accorduig to its tenor, and to f^^^lp^l^^^ 
deliver to the Officer in the Fort, every evening '''■'"°" 
before drum-beat, the names of the Outside people 
with which he will be furnished. 

Let every one be warned hereby and take heed 
against damage. 

Dated Fort William Hendrich as above. 

(Signed,) Cornelis Evertse, Junior, Jacob Benches. 



Preamble. 



474 LAWS OF 



ACT 

Of the Council of War of New Netherland confiscating all property in 
the Province belonging to the English and French, with certain 
exceptions. Passed 20 Septemher, 1673. 

[N. T. Col. MSS. XXm. 75.] 

The Hon'''* Council of "War over a squadron of 
ships now at anchor in the North river of New 
Netherland, on behalf of the High and Mighty the 
Lords States General of the United Netherlands and 
his Serene Highness the Prince of Orange; 

To all those who shall see these or hear them 
read, Greeting : 

Whereas we, by a previous Proclamation dated 
the 18"' of August last, for sufficient reasons us 
thereunto moving, have .taken and seized all the 
houses, lands, goods and effects with the outstanding 
debts in this country remaining and belonging to the 
Kings of England, France and their subjects ; and 
whereas not the slightest Capitulation was entered 
into at the last surrender of this Fort and Province 
to the obedience of their High Mightinesses and his 
Serene Highness, and consequentlj'' in virtue of the 
war all the goods and effects belonging to said Kings 
of France and Fngland and their subjects are liable 
SSand to confiscation and forfeiture. We, therefore, by 
SVItiiS- virtue of our Commissions do find, ourselves obliged 

Umdboiong- ^ 

Engitehor to confiscate all the houses, lands, goods and effects 

Crowns,^ in this country being and belonging to the aforesaid 

Buie^ol' '"^ Kings of England and France and their subjects, 

er"n'or'iSi5- wlthout auy exception, together with the houses, 

iauai^and jands, goods and effects belonging to the Duke of 

imiitkry Yorh, his late Governor, and Auditor-General, and 

officers, ' 

coDflscate. all othcr his Military oflicers in this country, as we 
do hereby confiscate them for the behoof of their 
said High Mightinesses and his Serene Highness, 



NEW NETHERLAND. 475 

excepting alone the goods and eflFects beionging to gj^^^y* 
the actual inhabitants of the neighboring Colonies hibtanBor 
of New England, Yirginia and Maryland, who for ^^f^^^- 
suflBcient reasons are as yet excepted from this Con- McepSu 
fiscation. Once more ordering and commanding all 
and every of our good inhabitants that, agreeably to 
the tenor of said Proclamation, they discover and 
make known what is required thereby, on pain as 
expressed in said Proclamation. Let each one again 
be warned and take heed of damage. 

Dated Fort Willem Hendrick, this 20'^ September, 
A" 1673. 

(Signed,) Cornelis Evertse, Junior, Jacob Benches, 
Anthony Colve. 



ORDINANCE 

Of the Governor General of New Netberland, directing Inhabit- 
ants of Hempstead who had not taken the Oath of Allegiance 
to do so within four days. Passed 25 Sepiemier, 1673. 

[N. Y. Col. MSS. XXm. 85.] 

Whereas bij a former Publication Unto all the preamble. 
Inhabitants oflF this Province it Was Manifested & 
declared that all Persons that should be Willing to 
Submitt them selves Under the obedience & take the 
oath off fidellitij unto the high & Mighty Lords the 
States Generall off the United helgicli Provinces & his 
Serene hignesse the Prince of Orawe viz Should be 
Concidered as faithful Subjects and Enjoy the Priv- 
eledges Equally with the rest off the good Subjects 
of the dutch Nation, Where uppon amongst the 
rest of Our good Subjects & Some off the Inhabit- 
ants off the Towne off Jiemstead alsoo have Submitted 
themSelfes, but being since Informed that Some off 
the s^ Inhabitants (although being Legally Sum- 



476 



LAWS OF 



Inhabitants 
of J/fim;> 
a:eaU who 
have not 
already 
taken the 
oalh of alle- 
giance, re- 
quired to do 
BO within 
lour days, 
on pain of 
being con- 
sidered pub- 
lic enemies. 



inoned) have not appeared oar tateii the s* oath off 
allegiance; I have there fore thought fit to order 
Publish & declare, & doe herebij order Publish & 
declare that the s* Inhabitants off liemstead, who 
have not yet taken the oath off allegiance, Shall 
within the time of 4 dayes, after the Publication 
here off make theire appearance before me for to 
take the s"* oath of allegiance or give Satisfaction for 
there Neglect & delaij herein Uppon the Penalty 
that the Persons who Shall refuse or neglect the 
same, Shal be Concidered as disturbers & Publicq 
Enemijes off this Common "Wealth, and that against 
their Persons & Estates shall be Proceeded accord- 
ingly. 
Dated at fort William hendricic this 25 7"" 1673. 
(Signed,) A. Colve. 



ORDINANCE 



Sheriff and 
Mairistrates 
shall main- 
tain the 
Re'ormed 
Bellgioii, 
agreeublj' lo 
the Synod 
ot Dord- 
recht. 



Sheriff to 
preside In 
Court, but 
In case he 
act tor blm- 
sfilf or aa 
Public 
prosecutor, 
Senior 
Magistrate 
to preside. 



Of the Governor General and Council of New Netheiland explaining 
the Duties and Powers of the Schout and Scbepens of Midwout, 
Amesfoort, Breuckelen, New Utrecht, Gravesend and Bushwyck. 
Passed 1 October, 1673. 

[N. T. Col. MSS. XXm. 83.] 

Art. 1. The Sheriff and Magistrates shall, each in 
his quality, take care that the Eeformed Christian 
Eeligion be maintained in conformity to the Synod 
of Dordrecht, without permitting any other Sects 
attempting any thing contrary thereto. 

2. The Sheriff shall be present, as often as possi- 
ble, at all the meetings and preside over the same ; 
but should he act for himself as party, or in behalf 
of the rights of the Lords Patroons, or of Justice, 
he shall, in such case, rise from his seat and leave 
the Bench, and in that event he shall not have any 



NEW NETHERLAND. 477 



advisory innch less a concluding vote, but the oldest 
Scbepen shall then preside in his place. 

Court to 
liave Hna! 
JarisdicCion 



3. All cases relating to the Police, Security and i.aveiiimi 



Peace of the inhabitants ; also to Justice between iScw/r 

canes to the 

man and man, shall be finally determined by the SfJiSsf 
Magistrates of each of the aforesaid Villages, to cwreacy. 
the amount of, and under, Sixty florins, Beaver, 
without appeal : In case the sum be larger, the ^p^*^,^" 
aggrieved party may appeal to the meeting of the "c«d"n| 
Sheriff and Councilors delegated from the Villages ^^i^Jl'f " 
subject to his jurisdiction, for which purpose one cSSn"i§ra 
person shall be annually appointed from each Village, ^,?,^|^5 
who shall assemble in the most convenient place to appoiStid"' 
be selected by them, and who shall have power to 
pronounce final judgment to the amount of fl.240 
Beavers, and thereunder. But in all cases exceeding J;„'^f„g 
that sum, each one shall be entitled to an appeal to LmouuMo 
the Governor General and Council here. coumu"'* 

4. In case of inequality of votes, the minority ^herej;he 
shall submit to the majority ; but those who are of mfnoJfty'to 
a contrary opinion may have it recorded in the min- ^^^^j^y 
utes, but not divulge it without the meeting, on pain 

of arbitrary correction. 

5. Wbenever any cases occur in the meeting in JJt^^lJfl^i'' 
which any of the Magistrates are interested, such tSacTM""' 

•^ " ' Judges. 

Magistrate shall, in that instance, rise and absent 
himself, as is hereinbefore stated, in the 2* article, Of 
the Sheriff". 

6. All inhabitants of the abovenaraed Villages, JSbj^'tw"" 
shall be citable before said Sheriff and Schepens or tuiVof tue* 

*' above 

their delegated Councilors, who shall hold their ^"'■ 
meetings and courts as often as they shall consider 
requisite. 

7. All criminal offenses shall be referred to the S^^fJbo 
Governor General and Council, on condition that the the^SSv-'" 

ernor and 

Sheriff be obliged to apprehend the offenders, to ^rS'lS"* 
seize and detain them, and to convey them as prison- oueaden 



478 



LAWS OF 



And trans- 
xnit them, 
with ill- 
formations 
In the case, 
to the Chief 
Magistrate, 
Minor 
offenses to 
be disposed 
of bv the 
loca) Court. 



Local 
Courts to 
make By- 
laws for the 
regulation 
of High- 
ways, set- 
ting off * 
Lands, ob- 
Bervance of 
the Sab- 
bath , 
erecting 
Churches, 
School 
bouses, etc., 
and against 
petty 
offenses, 
subject, in 
matters of 
importance, 
to the ap- 
proval of 
the Chief 
Magistrate ; 



To enforce 
Laws and 
Ordinancea 
of the Su- 
preme gov- 
ernment ; 



Execute or- 
ders trans- 
mitted by 
the Gov- 
ernor, and 



Acknowl- 
edge and 
maintain 
the author- 
ity of the 
Slater 
General, 
the Prince 
of Orange, 
their rights 
and pre- 
rogatives. 



Inferior 
local Offi- 
cers, Secre* 
tary ex- 



ers under proper safeguard to the Chief Magistrate 
with good and correct informations for or against the 
offenders. 

8. Smaller oflFenses, such as quarrels, abusive words, 
threats, fisticuffs and such like, are left to the juris- 
diction of the Magistrates of each particular village. 

9. The Sheriff and Schepens shall have power to 
conclude on some Ordinances for the welfare and 
peace of the inhabitants of their district, such as 
laying out Highways, setting off lands and gardens, 
and in like manner, what appertains to agriculture, 
observance of the Sabbath, erecting Churches, School- 
houses or similar public works. Item^ against fight- 
ing and wrestling, and sucK petty offenses, provided, 
such Ordinances are not contrary, but as far as 
possible, conformable to the Laws of our Fatherland 
and the Statutes of this Province ; and, therefore, all 
orders of any importance shall, before publication, 
be presented to the Chief Magistrate and his approval 
thereof requested. 

10. The said Sheriff and Schepens shall be bound 
strictly to observe and cause to be observed, the 
Edicts and Ordinances which shall be enacted and 
published by the Supreme authority, and not suffer 
anything to be done against them, but cause the 
transgressors therein to be proceeded against accord- 
ing to the tenor thereof; and further, promptly exe- 
cute such orders, as the Governor General shall senf 
them from time to time. 

11. The Sheriff and Schepens shall be also obli^^ed 
to acknowedge as their Sovereign Eulers, their High 
Mightinesses the Lord States General of the United 
Netherlands and his Serene Highness the Lord Prince 
of Orange, and to maintain their sovereign jurisdic- 
tion, right and domain over this country. 

12. The selection of all inferior officers and ser- 
vants in the employ of the Sheriff and of the Sche- 



NEW NETHERLAND. 479 

pens, the Secretary alone excepted, shall be made ^fl^-^ 

and confirmed by themselves. the"!,^?'' 

13. The Sheriff shall, by himself or deputies, sheriff to 
execute all the Magistrates' judgments, and not dis- ^^'[|^«'''» 
charge anyone except by advice of the Court ; he SfaSatl"^ 
shall also take good care that the places under his 
charge shall be cleansed of all mobs, gamblers, 
■whore-houses and such like impurities. 

14. The Sheriff shall receive the half of all civil f^Siff '"^ 
fines accruing during his term of office, together •with 
one-third part of what belongs to the respective Vil 



lages, from criminal cases; but he shall neither deceive 
directly nor indirectly receive any presents forbidden presents. 
by law. 

15. Toward the time of election, the Sheriff and ^^u°g 
Schepens shall nominate as Schepens, a double num- M^miatea. 
ber of the best qualified, the honestest, most intelli- Sn p?'*' 
gent and wealthiest inhabitants, exclusively of the 
Eeformed Christian Eeligion, or at least well affected 
thereunto, to be presented to the Governor, who 
shall then make his election therefrom, with continua- 
tion of some of the old ones in case his Honor may 
deem it necessary. 

Dated Fort WiUem HendricJc, the first of October, 
1673. 

The preceding Instruction, as registered word for ^JJedtS^" 
word, is in like manner sent 

To Schout Peter Aldrichs and the Magistrates of south Btver, 
the respective Towns on the South river. 

To Schout Isaac Grevenraet and the Magistrates esoim,, 
of the Towns of Swaenenburgh, Horley, and Marlle- 
totvne in the Usopus. 

Also, in English, to Schout William Lawrence and Mtuntuff, 
the Magistrates of the Towns of Flushing, Hemestede, 
Middeliurgh, Biistdorp and Oisterlay. 



480 



LAWS OF 



South- 
ampton, etc. 



AehterOa 



Jtergen 



WatchMter 
and Stolen 
Island, and 



Hehanegtedt, 



In English, to Scbout Isaacit Arnolds and the Mag- 
istrates of the Towns of Southampton, Southold, Sea- 
talcot, Huntington and Eastliampton. 

In English, to Schont John Ogden and the Magis- 
trates of the Towns of Elizabethtown, Woodbridge, 
Shrousbury, New arlce, Piscattatvay and Middeltown, 
situate at Achter Col. 

To the Schont and Magistrates of the Town of 
Bergen, only with this alteration, that in the 3* par. 
they shall pronounce definitive judgment to the 
amount of fl.GO, in Beavers, and no further. 

To Westchester and Staten Island the same as that 
of Bergen. 

Schaneghtede, with this alteration only : That those 
of this Town shall be at liberty to appeal to the 
Court of Willemstadt, for the sum of fl.240 Beavers, 
and all Criminal offenses shall be referred to the 
Scbout and Magistrates of Willemstadt. 



ORDINANCE 



Pr««mble. 



liand in tbe 
city of New 
Oranpe 
lak^u for 
public pur- 
posef) to be 
valued, and 
liOth given 
in ex- 
change. 



Of the Governor Greneral aud Council of New Netherland providing 
Means to indemnify parties ■wliose property in New Orange 
may be taken for public purposes. Passed 16 October, 1673. 

[N. T. Col. MSS. XXm. 119.] 

Whereas said Houses cannot be removed, except 
at great and heavy expense to the proprietors, to 
whom, in return, indemnification aud satisfaction 
ought, in equity, be allowed, because said removal is 
done for the public benefit and better defense ; it is, 
therefore, resolved that the Grounds and Lots belong- 
ing to said persons, with the necessary expense which 
tbey shall happen to incur in tbe removal of their 
houses, shall be valued by impartial persons, and to 
the proprietors, instead of these Lots, shall be shown 



NEW NETHERLAND. 481 

and conveyed, subject to like valuation, any other ^}%%^^^ 
Lots within this City, to which they will be at liberty app"?° *' 
to remove; and whatever their canceled Lots and iotfto"be* 
their expenses in removing their houses will be found ??&?" 
to exceed in value what shall be shown them instead, 
shall be promptly made good, fulfilled and paid to f^l^^f; 
them, from the extra Duty which for that purpose it §^lgS, 
is resolved and ordered to collect from now hence- 
forth until said indemnity and damage shall be 
promptly paid to said persons, and no longer, to wit : 

From all Beavers and Peltries which onrms, 

will be exported from this govern- 
ment to Patria or elsewhere after 
the publication hereof, Two and one half per cent. 

From Duffels and Blankets imported Duffeisami 

'^ Blanketa 

from Patria or elsewhere into this 

government, Two per cent. 

And from Powder, lead, muskets, fSZ^lDa 

wines, brandies, distilled waters and uqSbl^™^ 

rum, Five per cent. 

Duty to be 

Hereby ordering and commanding all and every Sfconssc*^ 
the subjects and inhabitants of this government 11°^^- 
and all others whom it in any wise concerns, that "''"'^'^ 
they shall have to give notice to the Collector, of 
the Importation or Exportation of the above speci- 
fied goods, and shall pay therefor the said extraor- 
dinary duty in manner as aforesaid on pain of the 
forfeiture and confiscation of the Imported or Export- 
ed goods, to be applied agreeably to the Ordinances 
and Edicts enacted against Smuggling. 

Dated Fort William Eendrick, this 16 of October, 
1673, in New Netherland. 

61 



482 



LAWS OF 



Ordinances 
of the Town 
of Bergen. 
approved. 



23 October, 1673. The Governor and Council ap- 
proved of certain Ordinances enacted by the Schout 
and Schepens of the town of Bergen for the observ- 
ance of the Sabbath, respecting Fences, &c., with 
the reservation that works of charity and necessity 
on the Sabbath, with the knowledge of the Officer, 
shall be tolerated. N. Y. Col. MSS. XXin. 133. 



Note. — These Ordinances are not among the Records in the Sec- 
retary's Oflace. Te. 



ORDINANCE 



Preamble. 



Owners of 
designated 

firoperty 
Q New 
Orange 
to remove 
and demol- 
ish the 
same on 
pain of for- 
feiting all 
indemnity. 



Of the Governor-General and Council ol New Netherland directing 
the demolishing and removal of certain Buildings in New Orange, 
and providing payment for the same. Passed 16 October, 1673. 
[N. Y. Col. MSS. XXin. 119.] 

Wheee.^s Fort Willem Hendrick and the city of 
New Orange, situate on Manhatans Island, is seriously 
incumbered and weakened by the Houses, gardens 
and orchards which lie so close under its walls and 
bulwarks, that it is impossible to defend it properly 
when occasion requires, against its enemies, unless 
at least some of those houses, lots and orchards be 
demolished and removed. It is therefore considered 
necessary by the Governor General, by and with the 
previous advice of his Council, to demolish, pull 
down, and remove the undernamed Houses, gardens 
and orchards, and the owners thereof are hereby 
most strictly ordered and commanded instantly 
to commence demolishing and pulling down their 
houses, gardens and orchards, and to remove them 
to such lots as are laid out within this City by the 
Governor's order to that end, and shall be shown to 
each of them by the Burgomasters; on pain of 



NEW NETHERLAND, 483 

depriving tliose who shall be found contumacious or 
negligent, of the indemnity, which, according to the 
terms of this publication, are granted and allowed 
to the following persons or those among them who 
shall come to remove their undernamed houses, gar- 
dens and orchards, and, over and above, on the first 
arrival of some ships, of having their houses demol- 
ished or burned, to wit : 

The houses, gardens and orchards of 
Peter de Biemer, Lodewyck Post, George Cdbbet, Jan *|S^^»' 
Dirclcsen Meyer, Jacobus van de Water, Symon Blanck, m,w%, 

elc, are to 

Andries Meyer, Gerrit Hendricx, Peter Jansen Slott, be removed. 
situate under the walls and bulwarks of Fort Willem 
Hendrick. 

Gerrit Jansen Roos, Peter Stoutenburgh, Henry 
Taylor, The Lutheran Congregation, Willem van Vre- 
denbtirgh, Peter Jansen Mesier, Martin Meyer Smith, 
Augustine Hermans, Lyslet Tyssen, Peter Harmsen, 
situate under the fortification and bulwarks of the 
city of New Orange. 

Johannis van Brugh, Sara van Borsim. 

But whereas said houses cannot be removed except Jfr^opert°y«p- 
at great and heavy expense to the proprietors, to ^rS^ltvlLa 
whom, in return, indemnification and satisfaction ^°l^^l 



pr: 

lot 



and 



ought, in equity, be allowed, because said removal is e«£n|e.'" 
done for the public benefit and better defense ; it is 
therefore resolved, that the grounds and lots belong- 
ing to said persons, with the necessary expense which 
they shall happen to incur in the removal of their 
houses, shall be valued by impartial persons, and to 
the proprietors instead of these lots shall be shown 
and conveyed, subject to like valuation, any other 
lots within this city, to which they will be at liberty 
to remove, and whatever their canceled lots and the 
expenses of removing their houses, will be found to 
exceed in value what shall be shown them instead, ™^«\™to 
shall be promptly made good, fulfilled and paid to proprietor. 



484 



LAWS OF 



Duty im- 
posed, to 
pay dam- 
ages, on 



Furs, 



Indian 
Goods, 



Powder, 
guns, wines 
and liquors. 



Duty to be 
paid on pain 
of eonfiacar 
tion. 



them from the extra Duty which, for that purpose, it 
is resolved and ordered to collect from now hence- 
forth, until said indemnity and damage shall be 
promptly paid to said persons, and no longer, to wit : 

From all Beavers and peltries which will be 
exported from this government to Patria or elsewhere 
after the publication hereof, two and one-half per 
cent. 

From Duffels and Blankets, imported from Patria 
or elsewhere into this government, two per cent. 

And from powder, lead, muskets, wines, brandies, 
distilled waters and rum, five per cent. 

Hereby ordering and commanding all and every, 
the subjects and inhabitants of this government and 
all others whom it in any wise concerns, that they 
shall have to give notice to the Collector of the 
importation or exportation of the above specified 
goods, and shall pay therefor the said extraordinary 
duty in manner as aforesaid, on pain of the forfeiture 
and confiscation of the imported or shipped-off 
goods ; to be applied agreeably to the Ordinances and 
Edicts enacted against smuggling. 

Dated Fort Willem Hendrick, this 16''' of October, 
1673, in New Netherland. 

(Signed,) A. Colve, Cornelis Steenwyck, Johannis 
van BrugJi, Johannis de Peyster, Egidius Luyck 



NEW NETHERLAND. 485 



ORDINANCE 

Of the Governor General of New Netherland prohibiting the sale of 

strong liquors to soldiers in garrison at New Orange. Passed 31 

October, 1673. 

[N. T. Col. Mas. xxm. 145.] 

Whereas, it is found by daily experience that the 
Burghers of this city of New Orange, sell strong 
drink and give credit to the Soldiers, whiA has given 
rise to much mischief; therefore all inhabitants and 
Burghers are hereby ordered and commanded not to 
sell strong drink to any Soldiers or Matrosses gar- 
risoned in the Fort here, or to give them credit on ifqSqrato 
the pledge of their clothing, arms, or any material »°*[^t^|'j'^ 
belonging to the Fort here, on pain, if contravening 
this, of forfeiting all pay for the delivered goods ; 
and whoever hath already received payment in cloth- 
ing, arms, or material of the Fort, shall be obliged 
to restore the same, -with double the value thereof. 
Let each and every be warned hereby and take heed 
of loss. 

Dated Fort Willem HendricTc, this 31"' October, 1673. 

By order of the Governor General of New Netherland. 
(Signed,) N. Bayaeb, Secretary. 



Sale of 



their cloth- 
ing, etc., in 



Penalty. 



ORDINANCE 

Of the Governor General and Council of New Netherland, prescrib- 
ing the Duties and Powers of the Court of Willemstadt and Ken- 
selaerswyck. Passed 8 November, 1673. 

[N. T. Col. MSS. XXni. 150.] 

1st. The Sheriff and Magistrates shall, each in his sheriff ana 
quality, take care that the Eeformed Christian Eelig- toS^SS 
ion, agreeably to the Synod of Bort, shall be main- ge'iTgl^n, 
tained, without suffering any attempt to be made the°synol ° 
against it by any other Sectaries. 



486 



LAWS OF 



Sberlfr to 
preside in 
Court, but 
in case he 
be an in- 
terested 
party, or 
PubUc 
prosecutor, 
tbe Senior 
Magistrate 
to preside. 



Court to 
have final 
Jurisdiction 
in Civii 
cases to tbe 
amount of 
240 florins. 



In actions 
of a larger 
amount, 
appeal to llo 
to the Gov- 
ernor and 
Council. 
Judgment 
of the Court 
of Schancgh- 
tede betwen . 
GO and 240 
florins ap- 
plicable to 
the Court of 
WiUematadt. 

Where tbe 
Court is 
divided the 
opinion 
of the 
majority to 
govern. 



Magistrates 
interested in 
a Suit not 
to act as 
judges. 



Inhabitants 
of Willem- 
fftodtand 
Sensalaert- 
wyc/c, sub- 
ject to the 
above 
Court. 



In Criminal 
cases. Court 
may pro- 
nounce sen- 



2. The Sheriff shall be present, as often as possible, 
at all the meetings, and preside over the same ; but 
should he act for himself as party, or in behalf of the 
rights of the Lords Patroons, or of Justice, he shall in 
such case rise from his seat and leave the Bench, and 
in that event he shall not have any advisory, much 
less a concluding, vote, but«the oldest Schepen shall 
then preside in his place. 

3. All cases relating to the Police, Security and 
Peace of the Inhabitants; also to Justice between 
man and man, shall be finally determined definitively, 
by the Magistrates of the aforesaid Town of Willetn- 
stadt and Colonie Eenselaerswycic, to the amount of, 
and under Two hundred and forty florins, Beaver, 
without appeal: In case the sum be larger, the 
aggrieved party may appeal to the Governor General 
and Ooimcil here ; Also all judgments pronounced by 
the court of Sclianeglitede, and amounting to upwards 
of sixty guilders, Beaver value, and as high as fl.240, 
Beaver, as aforesaid, may be carried by appeal and 
determined by the court at Willemstadt. 

4. In case of inequality of votes, the minority 
shall submit to the majority ; but those who are of a 
contrary opinion, may have it recorded in the min- 
utes, but not divulge it without the meeting, on pain 
of arbitrary correction. 

5. Whenever any cases occur in the meeting in 
which any of the Magistrates are interested, such 
Magistrate shall, in that instance, rise and absent 
himself, as is hereinbefore stated, in the 2" article. Of 
the Sheriff. 

6. All Inhabitants of the abovenamed city and col- 
onie, shall be citable before said Sheriff and Schepens, 
who shall hold their meetings and courts as often as 
they shall consider requisite. 

7. All criminal offenses which will be committed 
there, shall be referred to the jurisdiction of said 



NEW NETHERLAND. 487 

Sheriff and Schepens, with power to pronounce judg- ^^^^1%^^ 
ment thereon, to death inclusive, on condition that rat'eTuV 
all capital sentences be not executed until the plfg^^'' 
approval thereof by the Supreme Court here be first ISK™* 
requested and obtained. 

8. The Sheriff and Schepens shall have power to ^Swero^to 
conclude on some needful Ordinances for the welfare ia"w3, pro" 

vided they 

and peace of the Inhabitants of their district, pro- fr"r?°tothe' 
vided such Ordinances are not contrarv, but, as far as Fatherland 

" ' ' or the 

is possible, conformable to the Laws of our Father- ofthT^ 

Province ' 

land and the Statutes of this Province. 

9. The said Sheriff and Schepens shall be bound ^° ™f°„'S» 
strictly to observe and cause to be observed, the ?fth"e^su-^ 

•^ preme Gov- 

Edicts and Ordinances which shall be enacted and emment. 
published by the supreme authority, and not suffer 
anything to be done against them, but cause the 

transgressors therein to be proceeded against, accord- g^^l^t^ran"' 

ing to the tenor thereof; and further, promptly theoov-^ 

execute such orders as the Governor General shall rai.and 
send them from time to time. 

10. The Sheriff and Schepens shall be also obliged tige^S^a 
to acknowledge as their Sovereign Eulers, their High thl'auth°or. 
Mightinesses the Lords States General of the United SenSai, the 
Netherlands and his Serene Highness the Lord Prince f^anne° 

^ their rights 

of Orange, and to maintain their sovereign jurisdic- mai^°" 
tion, right and domain in this country. 

11. The selection of all inferior officers and ser- court to ap- 

point 

vauts in the employ of said Sheriff and Schepens, ceS"eic°"" 
the Secretary alone excepted, shall be made and con- ®^''"'"''- 
firmed by themselves. 

12. The Sheriff shall, by himself or deputies, exe- sheriff to 

' *^ ■*■ ' execute 

cute all the Magistrates' judgments, and not discharge Stl?™'' 
auvone except by advice of the Court ; he shall also «» ^bate" 
take good care that the places under his charge shall 
be cleansed of all mobs, gamblers, whore-houses and 
such like impurities. 



488 



LAWS OF 



Fees of 
Sherifif, 
who la 



Not to re- 
ceive Illegal 

presents. 



Mode of 
Blectfng 
fbture 
Magistrates. 



Qualifica- 
tion of 
Magistrates. 



13. The Sheriff shall receive the half of all civil 
fines accruing during his term of oflSce, together with 
one-third part of what belongs to the respective 
villages from criminal cases; but he shall neither 
directly nor indirectly receive any presents forbidden 
by law. 

14. Toward the time of election, the Sheriff and 
Schepens shall nominate as Schepens, a double num- 
ber of the best qualified, the honestest, most intelli- 
gent and wealthiest inhabitants, exclusively of the 
Eeformed Christian Eeligion or at least well affected 
thereunto, to be presented to the Governor, who 
shall then make his election therefrom, with continu- 
ation of some of the old ones in case his Honor may 
deem it necessary. 

Dated 8"" of November, 1673. 



ORDINANCE 



Deputy 
ISberlff to 
preside in 
C)ourt, but 
iu case be 
be an inter- 
ested party, 
or Public 
prosecutor, 
the Senior 
Magistrate 
to preside. 



Court to 
have final 
Jurisdiction 
in OlvU 



amounting 
to 100 

florins, and 
In minor 
Criminal 



Prescribing the Duties and Powers of the Deputy Sheriff and Sche- 
pens of the Out district on Manhattan Island, between the Fresh 
Water and Haerlem. Passed 14 Novemher, 1673. 
P^ew Orange Becords.] 

First. The Deputy Sheriff shall preside at all the 
meetings, but when he oflBciates for himself as a 
party, or on behalf of justice, he shall, on such occa- 
sions, rise up and absent himself from the Bench, and 
in this case have neither an advisory much less a 
casting vote, but the oldest Schepen shall preside in 
his place. 

2°"^. The Deputy Sheriff and Schepens are author- 
ized to pronounce definitive judgment, without 
appeal, in suits for debt between man and man, 
&c., arising within their District to the amount of 
fl.lOO Wampum currency, also in minor criminal cases, 
such as fighting, striking, scolding and such like; 



NEW NETHERLAND. 489 

but in all cases exceeding said sum of fl.lOO, the iUgfthV 
aggrieved person may appeal to the Hon*"'* Court Mworange 

liprft ceedingioo 

"'=1*'- florins 

3"'^. Whenever any cases come before the court in j^^^'lsted^ 
■which any of the Schepens are interested as parties, tStc"^'""" 

, judges. 

in such cases they shall rise up and absent them- 
selves from the Bench, as is hereinbefore directed in 
the first Article, Of the Deputy SheriflF. 

i'"''. All Inhabitants within the aforesaid Dis- I^T^dS^ 
trict shall be citable before the said Deputy Sheriff £1^™*"°^* 
and Schepens who shall hold their court as often as 
necessary. 

5thiy_ Tjjg gai(j Deputy Sheriff and Schepens shall ^^S^'Jr^^ 
be obliged strictly to observe and punctually to °f?jjygjf 
execute all such Edicts and Ordinances as shall from aSmt,"^' 
time to time be directed to them from the Hon"'^ 
Court here. 

gthiy Whereas We are informed of the great rav- f^^lJ^^ 
ages the Wolf commits on the small cattle ; therefore wartffjr 

the destruc- 

to animate and encourage the proprietors who will go wiivls.and 
out and shoot the same, We have resolved to author- 
ize the Deputy Sheriff and Schepens to give public 
notice that whoever shall exhibit a Wolf to them 
which hath been shot on this island on this side Haar- 
lem shall be promptly paid therefor by them ; For a 
Wolf, fl.20, and for a She wolf fl.30 Wampum, or the 
value thereof, which said Deputy Sheriff and Schepens 
shall, by their messenger, levy from those who keep to icvy 
any cattle, large or small, within their district on Kewards. 
said Island, each of whom shall, according to the 
number of cattle, be bound to contribute and pay 
thereto whatever he shall be taxed thereupon by the 
Deputy Sheriff and Schepens. 

7twy_ Whoever shall fail to pay his fine on the first, J'^^^^'we 
second and third notice in the name of the Deputy t^n.''""" 
Sheriff and Schepens, shall be proceeded against with 
prompt execution by the Deputy Sheriff. 

62 



490 



LAWS OF 



Costa on 
executions. 



Pound to be 
kept in 
repair. 



Court to 
enact laws 
respecting 
impounding 
of Cattle. 



Impartial 
Justice to be 
adminis- 
tered, and 



Disputes 
and quar- 
rels to be 
prevented. 

Highways 
to be kept 
clear. 



Penalty for 
neglect. 



Appellant 
subject to 
double tine, 
If his com- 
plaint be 
unfounded. 



8'"^. Whoever shall allow execution to issue, must 
pay in addition five stivers on each guilder which he 
owes for the behoof of the Deputy Sheriff for the 
trouble of the Execution. 

gthiy^ "vvhereas it is necessary that the Pound shall 
be properly kept, the Deputy Sheriff and Schepens 
are therefore authorized and ordered to attend that 
the same be maintained conjointly by those who 
have lands there; and further, make such orders 
regarding the impounding of cattle as they shall find 
for the advantage of Agriculture, which orders each 
and every are ordered promptly to observe as if they 
were made by Ourselves. 

10*"'^. Said Deputy Sheriff and Schepens shall take 
good heed in the suits brought before them strict 
justice to administer, according to the best of their 
knowledge, without distinction or respect of persons, 
or any partiality ; and further, the Deputy Sheriff 
shall, as much as possible, prevent and check all dis- 
putes and quarrels that may arise within his District. 

ll'"y. The Deputy Sheriff and Schepens shall, as 
often as they deem necessary, give public Notice that 
any person who causes or allows trees to fall in a 
common wagon road shall again remove the same, 
branches, and all, from the road, before the going 
down of the Sun subsequent to the falling of the 
tree, and make the road passable, or in default 
thereof, and in case a fine be imposed therefor by the 
Deputy Sheriff or his order, he shall pay for each tree 
found across the highway a fine of fl.20, to be applied 
one-half for the Deputy Sheriff, and the other half 
for the Informer ; and the person fined shall, notwith- 
standing this, be bound to remove the tree instantly 
from the road. 

12""^. If anyone exhibit any indisposition towards 
the order of the Deputy Sheriff and Schepens, and 
come before the Court here, and the matter be 



NEW NETHERLAND. 491 

discovered well founded, he shall pay double the 
imposed fine. 

23thiy fjjjg choice of all Inferior oflBcers (the Secre- ^ppll^ 
tary alone excepted) shall be henceforward made by onfcCTJ, 
the said Deputy Sheriff and Schepens, and they shall secretary. 
be confirmed in their respective qualities after being 
approved by the Hon"^* Court here. 

j^thiy jf anything further be necessary for Agri- hJ?s'^ 

fbrther or- 



culture, or should there be any obscurity or omission ^f^^?,^- 
or want of clearness in these Instructions, the Deputy {othe'ofurt 



Sheriff and Schepens shall, on occasion, communicate oranpc. 
the fact to the Bench. 

And finally, said Deputy Sheriff and Schepens shall, S™;f?,'ng 
14 days before the expiration of their year, apply to Se^*^'^ 
the Hon*'® Court here to receive its order regarding 
the new lifomination of the Deputy Sheriff and Sche- 
pens. 

Thus done in the City Hall of this City, at the 
Court of the Schout, Burgomasters and Schepens. 



492 



LAWS OF 



Members 
1101 in at- 
tendance on 
the Assem- 
bly, or who, 
when pres- 
ent, may 
delay or ob- 
struct public 
business, to 
par a fine. 



Towns 
within the 
district of 
After Coll 
to provide 
each a 
Minister 
within five 
months, on 

Sain of 
sing fined. 



LAWS a:^d oedimnces 

Enacted by the Sohout and Magistrates of After Coll Assembly held 

att Elisabeth Towne, November 18, 1673. 

[TransalatioDB from the Dutch, XXII.] 

FmsT it is ordereen and enacteen by the Authority 
aboue said That if any Member of this Assembly 
shall not make his or their appearance at the hour 
of eight in the morning evefy day that this Assem- 
bly shall see cause to sitt, every person for none 
appearance shall for each time pay a fine 
shillings sixpence towards defraying the Assemblys 
charges, and what member soever of the said Assem- 
bly that neglect, retard or needlesly divert or ob- 
struct the businesse of the Assembly, while they are 
sitting shall be lyable to pay the like flfine as afore- 
said. 

2. Whereas some Townes in the presencts of 
After Coll are destitute of any minuister or Preacher 
of goods whoren and the same noeways commend- 
ablee nor fit to be allowed among the Christians, be 
it therefore enacted, that every Towne in the pre- 
sinct affbrs"* shall use their best and utmost endeav- 
ours to procure an Orthordox Minister within five 
mondts time after publication hereof, and if any 
Towne shall be found to sligt or neglect the 
opservation of this act or upon enquiry made the 
Inhabitans shall not be ablee to give a satisfactory 
accound thereof to the magistrates of y® Towne, 
that they have done this and avow as afibr'd, they 
shall pay a ffine pounds each Towne ffor 

thiere towne neglect for the flirst five monds and 
accordingly for every five monds after untuU they 
be provideen. 



NEW" NETHERLAND. 493 

Against Prophanation of the Lord's day, 

3. Be it enacted that if any person shall be found ^Ifforming 
to doe any servile worke or labour, workes of jnercy worker 

'' ' »— J guilty of 

and necessity only excepted, or shall exercize them- ^Si'SS"' 
selves in any unlawful recreation, sports or pastimes, Srslb" 
or shall doe any unlawful act, not included under the bmuSi^.'*'' 
two clauses affore'', Hee or they so doeing uppon 
the Sabboth day shall pay a fiQne of Tenne shillings 
for each default. 

Against Disturbance of the Publique peace. 

4. Itt is ordered and enacted by the said Author- Jfttlpu" 
ity, that whosoever shall be found within the Schow- atrSmeASt 

*' * the Govern- 

ship to disturbe or undermine the publique pease of S?Sted "^ 
the New Netherlands, whether by plotting, conspier- Sauothe" 
ing, or countenancing with others or by any other 
tumultuous offenciv carriage, or shall presume to 
defame the Honoured Governo" or Govern' by re- 
proachful traduseing, reviling, undervalliug speeches, 
every person soe offending shall be fforthwith appre- 
hended sent to the Governo' to be judged, sentenced, 
condemned, cleared, as hee shall find cause. 

5. Be itt hereby enacted that if any person or per- J'/^l^'^'jff 
sons molest or disturb any Congregation in their b^A^ej'*** 
publique worship, whic are conformablee to the true 
Protestant Christian Eeligion by reviling, schande- 
lously or otherwise in the like manner every suth 
person, the ffact being sufficient proved against 

them, shall pay a fine of ffive pounds. 

6. It is further enacted, that what person soever Eviispeak- 

§ ers of the 

that says any whorts speeches tending to reproach, S^'^her*"'' 
scandal and disrespect of the Schout Magistrates or ^£^ 
other officers civil or of the millicia, now in office or tSISSt.'" 
that hereafter shall in this present Governm*, all such 
persons shall be left to the judgment of the Court the 
offence being first duely wayhgeen and considereen. 



494 



LAWS OF 



Against prophane swearing and cursing. 
It is enacteen that what person soever 



shall 



Blasp 
cursing or 

be p"n"isVed cursO'Cr swcarc by the name of God, or any of the 

byline. •' •' 

Trinitie of the Godhead, each person shall pay ffor 
every such offence a fine of tenne shellings and for 
all other same swearing or cursing every person soe 
doeing shall each time pay one shilling ffine. 



Drnnken- 
ness pUDlsh- 
able by floe. 



Double and 
treble fine 
to be im- 
po!?ed, if 
offense be 
repeated. 



Personal 
taking 

Eroperty 
elonging 
to others 
witliout per- 
mission, to 
make good 
damages 
and to pay 
a fine. 



Persons 
convicted 
of Theft, to 
make resti- 
tution and 
pay dam- 
ages, and to 
be fined in 
the full 
value of the 
stolen 
property. 



Against the vice of drunhennese. 

8. It is ordend that whosoever shall be overtake 
with strong antoxicating drink, whereby to deprive 
themself of common sense and reason, each one shall 
pay ffor the first default, two shillings sixe pence, 
and all those who shall incourageably persist in this 
vice shall for te comen time pay a ffine or penalty of 
ffive shillings, and the thieren time ten shillings, and 
accordingly for every time after. 

Against unsult carriage mongst Neighlours. 

9. It is ordereen by the authority aforesaid, that 
no person whatsoever shall take away any cannoe or 
other vesell, nor any oxen, horse, Foles or other 
unteltins whatever from his, her or theire neighbour 
or others without have first obtaineen ffrom the owner 
upon the penalty of making good al damages w"" may 
be sustayned thereby, besides paying a ffine for their 
unfest doeing. 

Against the sinne of stealing. 
10. Itt is enacteen, that if any person shall be 
found to steal any good or chattels from any others, 
and being lawfully convicteen there of thy shall 
make ffuU restitution of the principlee or the vallue 
hereof to the owner and pay whatever damages shall 
arise thereon and shall likewise pay the vallue of the 
stolne good or chatles as a ffine ffor there sinne & 
offence. 



NEW NETHERLAND. 495 



On Fornication. 

11. Itt is enacted, that if any single man shall fo°mi??J°" 
commit fornication witH a single woman thev shall if siSe^*"' 

"= •'On reibsal 

be punished hither enjoyningh marriage and paying h°er"S)Te 
a ffine of ffive pounds, in case they shall not marry nfainttSn 
then they shall pay a flfine of tenne Pounds, and the 
man soe miscarrying shall be obliged to maintaine 
the childe begotten in ffornication. 

Against ffalse Swearing not touching life. 

12. Be it enacted, that what felon soever shall ^o^fv'iJi'ea 
sweare ffalsely against their neighbour or others, every ^wSfr'mg, to 
one so doeingh upon lawfuU conviction thereof shall aSTnlfto 
make good the like fful damages which any shall sus- to gwe^w- 

'^ " dence until 

tame thereby, and noe such person shall ever after an^be^'*'"' 
have the previlidsre of his or her oath or be permit- mE^ItT 

■^ '^ ^ their former 

ted to sweare against another in any case, untill by ^j^'tj'.ow"" 
vizable repentance and apparend amendment of life the?'jn°dg'"" 

ment of tlie 

he, or they shall be released by lawful authority from "=°""- 
the same, and ffor his or their sinne against God 
each one shall be left to the judgment of the Court, 
as the circumstances and aggravation of the case 
shall manifestly appear. 

Against lying and Slaundering. 

13. Itt is enacteen, that if any person shall with- ^o^nXteaof 
ingly, willingly make and publish any lye, tending ciJ?uiating 
to the damage of any person, or whit intend to gSed,'and* 



subject to 



deceive People with ffalse news or report and the beprosc- 

cuted by 

same be complained of and proved he or they shall ™emSiv^' 
pay flfor their lying each time tenne shillings, and ^''^'"^■ 
notwithstanding Liberty is reserved ffor any person 
to proceed against all such offenders according to law. 

To prevent diesorderly & ioisterouse carriage. 
14. It is ordered, that in case any person hither in qnlmS: 

off* to bd 

their distempered statten or otherwise quarrel, flSght, puiJshed 



496 



LAWS OF 



Parties con- 
victed of 
instituting 
vexatious 
suits to tie 
fined. 



according to wound, maime or hurt any of the State's subjects 

the pleasure "^ ^ 

of the court, gyery peisou aud cace shall be referreen to the judg- 
ment of the Court, to determine thereof as they flfind 
cauce. 

To prevent troublee and damage by unjust suites in law. 

15. Itt is enacted, that if any person or persons 
shall falsely pretend great damage or debts, or dis- 
credit, troublee or vex his, hir or theire adversary the 
court upon discovery and proofe shall have power to 
sett a reasonable flfine upon the head of any such 
offender, and in all cace where it appeared that the 
plaintiffe hath wittingly & on purpose wronged the 
defendant, in commencing and prosecuting any 
action, write a complaint or enditement in his owne 
name or in the name of others, he shall besides just 
damages to the party wrongeen, be fined forty shil- 
lings or lesse according to the merit of the cauce. 



Each Town 
to erect a 
Meeting 
house, 
within 
twelve 
months, on 
pain oH fine. 



Beward 
for the 
destruction 
of Wolves. 



Public Inn 
or Ordinary 
to be estab- 
lished in 
each Town 
within 
twelve 
mouths, on 
pain of fine. 



For the encouragement of God's Worship. 

16. It is ordereen and enacteen, that every Towne 
in the destrict shall build, erect and set up a confen- 
ient meeting, within twelve months time after pub- 
lication, in caces of any Townes default they shall 
each pay a fflne of nine pounds. 

An order about Wolves. 

17. Be it enacted ffor the encouragement of all 
persons to kill and destroy wolves, that any person 
who killed a Wolfe and bringeth the head with the 
ears and skinne and tonge in the mound unto de 
Stebo of any of any towne shall receive 20 shillings 
of the publicque Treasury and ffor all young wolves 
heads brought in condition aforesaid 10 shil 

18. It is order and enacted by the authority afore- 
said, that each Towne in the presencts of After Coll 
shall within twelve monds after publication hereof 
set up and contenue an Ordinary or house of en- 



NEW NETHERLAND. 497 

tertainment ffor Passengers and others upon the 
penalty of paying ffive Pounds for every monts 
neglect after the time prefixen. 

Ffor the encouragement of ordinary Iceepers. 

19. Itt is ordereen, that no person in any Towne J'U^|° to 
in this presencts shall sell or retaile any sort of ifceMe? 
liquors or strong drincke either directly or indirectly 

by any small measure under th^ quantity of three 
gall : without a license or ticket ffrom some magis- 
trates of the Towne wheare they live, upon the ^«°»"5'- 
penalty of 40 sh. fine, half of which shall be allot- 
teen to the Informer and the other halfe as there 
shall be occasion. 

To prevent disorders in Ordinaries. 

20. It is enacted, that noe Ordinary keeper shall JeJperenot 
give entertainment to any Towne dweller, either kalfnta?'" 

° •' o'clock 

children, servants or others, except upon honest and wSlfo"'"'' 
very urgent businesse after nine of the clock in the Suarrefi'ng 

or drunken- 
evening, nor shall any ordinary keeper allow or suf- p^imiSi"!*"^ 

fer any disorderly carriage in his house by any person S!fine°for 

either Stranger or others, as fighting, quarrelling, "ff«'^«- 

drunckeness and such like upon the penalty of five 

shilling flfine for each default, if complained of and 

proved against. 

To prevent questions and troublesome suites, whigh 
arise letweene men about horses running in the 
Woods unmarked. 

21. It is therefore enacted, that each plantation in J'j™|,^? 
this Schoutship shall have a marking iron or flesh- JbrHorara^ 
brand for themselves in particular to distinguish 

the horses of one Towne from another, namely Flisa towd^ 
Towne E as a brand marke; New Worlce N"; Wood- 
bridge W ; Piscataway P ; Middle towne M ; Shrews- 
bury S. Which Towne brand marke is to be vizably whereto 
and sufficiently sett upon the off buttock of each 

63 



498 



LAWS OF 



Owners of 
horses to 
have, each, 
his own 
mark. 



O/Ticer to be 
appointed 
in each 
Town to 
record 
owners' 
marks, etc. 



Fee of 

Branding 

officer. 



Penalty for 
jnarkins: 
Horses con- 
trary to 
law, 



Or counter- 
feiting other 
men's 
marks. 



Horses pur- 
chased, or 
intended to 
be taken to 
Maryland 
or else- 
where, to be 
brought to 
the Brand- 
ing oHicer 
of the Town 
to be re- 
corded, and 
then en- 
tered and 
cleared at 
JPlscattaway 
or at Mld- 
dletown, on 
pain of for- 
feiture of 
the Horses. 



horse, mare and coult, belonging to that plantacon, 
and every owner shall marke all his horses and horse 
bind with his own particular marke that one mans 
horses may be knowne from another, and there shall 
be in each Towne an OfiScer appointed to recort each 
particular man's marke and to se all men's horses, 
mares and colts branded and recorded, the age as all 
markes with the yeare and day of the month when 
branded, and in each Towne the i»flBcer for his paines 
and cares to receive six pence of the owner for every 
horse, mare and colt soe branded and recorded. 
Besides the oflScer to require satisfying evidence of 
each man's right upon a horse or horses presented 
and to record defects of evidence, and after publica- 
tion hereof al persons are duely (warned) to attend 
this Order, and whosoever shall marke any horses 
contrary hereunto, they shall be flforfeited and if any 
person shall presume to marke another mans horses 
or any particular horse, hee shall make good all dam- 
ages and pay thrice the value of any horse or horses 
soe markeen, as a ijenalty for his unjust deed. 

To prevent great damages occasioned iy Strangers driv- 
ing their Horses through After Coll to Maryland. 
22. It is enacteen, that whosoever shall bring any 
horses or horse kind into this presinkt to be trans- 
ported to Maryland, or else wheare, he or they shall 
bring the said horses to the officer that is appointed 
to marke and recort horses in that Towne whear 
they shall first arrive and give in a list of the 
number and marks of the said horses and the said 
persons are obliged to take a coppy of the said list 
under the officer's hand and to carry the same to 
Piscataway Towne, and there they shall Theclare the 
same to the officer in the said Imploymn*^ there who 
is toe peruse the same, and to view the horses before 
they shall goe any further, the like is provided in 



NEW NETHERLAND. 499 

case the said Traveller buy any horses here in any 
Towne, they shall be entered where they buy and 
cleared in Piscataway, and in case any person be 
ffound to break this Order, they shall fForfeite all the 
horses soe transported, The one halfe for the Infor- 
mer, and the other halfe for public use, and it is to be 
understood that such as Transport horses by way of 
Nivesinc are not obliged to call at Piscataway, but 
they shall enter their horses at Midle Towne, as before 
provideen, and upon the like penalty in case of their 
neglect. 

For the tetter estahlishment of tlie houndaries and lim- 
its of Townsliips. 

23. Itt is therefore ordered, that fortwith after ^ZZ^ 
the Publication of this Order every Towne shall boSiSl^fra.' 
bring in the bounds of the Towne and certifie the 

same fully and clearly and enter to the Secretary in 
writing, in order to be presented to his Honour the 
Gouvernour ffor the Confirmation, and in case of any Penalty. 
Townes neglect, they shall pay tenne pounds flfine. 

Consearning Surveying. 

24. It is ordered, that the Inhabitans of each ??^^°^"e 
Towne shall make choyse of the most ffit persons for "p""""""- 
surveying to survey and lay out upland and medow 

in every Towne, which survey"" shall be establish in 
every Towne by the Magistrates. 

To prevent damages hy neglect of Surveying. 

25. It is enacted by the same authority that every f^"'^5^°/Jg 
Surveyor of land shall duly attend to his worke and ian^'^a"'' 
Imployment in IftfttLg out the Inhabitans land, |^^^| 
according to Towne agreement, and in case of 
refusal or wilful neglect, they shall pay all damage 

that the owner of the land shall really sustaine 
thereby, besiedes a fine shillings for such a 

neglect. 



500 LAWS OF 

An order for Publique WorTce. 
Each in- 26. Itt is ordereen, that all the Inhabitants of 

hiihitant, 

^idmagis- every Towne, minister and magistrates excepted, 
cci'Sfto shall expend and diligently perform three days 

work three ^ c^ i/ * 

days on the -^orko each man every yeare in and about the most 
'°'"^' necessary occasions that each Towne requireth in 
cleaning the streeds and High wayes in each Townes 
bounds a convenient place flbr trayning and such 
like worke, and the said dayes worke shall be per- 
formed at such times as the veiwers of the High 
wayes or Townes men shall call fort them, whig 
commis- viewers are to be chosen in each Towne by the lu- 

sioners of 

to'bfieilcted habitans, and in case any person shall neglect the 
Towu. s"* worke after warning given them, by the same 
viewers, they shall pay each man ffive shillings for 
nIgiecMnT ^ach days neglect, and is further ordereen, that if 
theTigh™ any Towne or their Townes men ffinde it needful to 

ways. "^ 

Extra work doc morc daycs workes then is before expressed, the 

to be per- 

whmre- Inhabitants are oblidged to performe the same upon 

qQired. ^-^^ penalty as aforesaid. 

Highways 27. It is likewise ordereen, that who soever shall 

to be kept -i -i i i . t 

unob-""" <5^t downe any trees, wood or underwood which may 
structed. aunoy any High way or cuntry road, whereby the 
convenient passage of Travellers or others may be 
obstructed every such person shall remove the said 
tree, Trees or wood, and to clear the High (way) of 
any incumbrance by his or their means as aforesaid, 
Penalty. upou the penalty of paying five shillings for each 
daye neglect, halfe whereof shall be for the informer. 

ffor the Security of housing, fences. 
kl^pertS'*" 28. Whereas considerable losse and damage hath 
Eavl, " *" happened by the fire in the combustable houses in 

within one ■*- *^ •^ 



■within one 
month, a, 



raa'cient the country, so is therefore enacteen that every 

his house, housc kccper belonsr to each Towne shall make or 

on pain of jr o 

CTcr?w'lek provide keep & mainetaine a good sufficient ladder 

EotJfio°° to reach thee top of bis house within one month 



NEW NETHERLAND. 501 

after publication hereof upon the penalty of paying 
for every weekes neglect one shilling, and whereas 
many people for bye ends and respect of their owne 
doe make ffires in the woods ffields and meadows riresmthe 

woods or 

and doe ther by great damage to rafters hay and gftoei °" 
other combustable matter, it is therefore farther 
ordered, that noe person shall make or cause to 
be made any ffires aforesaid upon the penalty of ^^'"'"''■ 
making good all damages which any person shall 
sustaiue ther by and pay a fine of tenne shillings 
ffor each breach of this act. 

An order for mahing ffence. 

29. It is ordered, that every Towne within this J'e™rlct'ed 
Schout-ship shall by the 10 day of March next make 

and maintaine good suflBcient ffence, who shall be fcnc?''°' 
ffowre food two inches in height and otherwise 
substantiall in all respect, to turne cattle and swine, rence 

Viewers to 

and ffor the due observation hereof each Towne ^^iXd. 
shall order and appoint men of skill and under- 
standing to viewe all fences on every yeare, and 
whosoever they shall fflnde any deficient ffence, they 
are to give notice thereof to the owners, whoe art °and1;?r°e' 
obligeen securely to repaire the said fence within wttL^three 

~ c) £ days, on re- 

the space of three or fowre days, upon the penalty ?^e"Su?ain 
of paying one shilling fine every Eoe for each dayes §|5''»e'"' 
neglect besiedes making good all damage occasioned 
by the defective ffence, and the like is provided in 
case of bush ffence discoveran and proved by any 
other persons although it should be without the 
cognizance of the fans viewers. 

To prevent damages (by) Cattle & Swine. 

30. Whereas great spoyle and damage hath been s™^^sf°*« 
done by unruly and boysterous cattle & swine, it is 
therfore enacted, that all such swine shall be yoaked 

or otherwise secured, an al unruly cattle in the like 



502 



LAWS OF 



TJnraly Cat- 
tle to be 
properly 
secured 
on pain of 
hne and 
payment of 
damages. 



What are to 
be consid- 
ered unruly 
Cattle. 



maner the owners shall take all due care to secure 
them from all damage upon the penalty of paying 
a flSne of ffive shillings each person for their neglect, 
besides the owners of such cattle and swine shall 
make good the damage that any person shall sus- 
tain by them, and it is to be understood, that all 
swine and cattle which shall breack in leape over 
or otherwise make their way through any fences 
which is judged safety by the viewers of fences, 
shall be counted unruly. 



DiTislon 
feoces to be 
erected and 
kept in 
repair. 



An order to cause men to doe (work) at all fences. 

31. It is ordereen, that all persons shall set up 
and repaire all their division fences according to 
their share in all home lotts in each Towne except 
any neighbours otherwise condition and agree to- 
gedder and for which all persons shall pay the same 
penalty for insufficient fence, and the like is pro- 
vided touching all ffences abroad in out ffields, 
according to a mans proportion, or as any person 
shall agree with others. 



One or more 
Pounds to 
be erected 
in each 
Town, 
within two 
months 
after publi- 
cation of 
this law. 



Height of 
inciosure. 



Penalty for 
neglecting 
to erect 
Pound. 



An order against Pound ireaclc. 
32. Itt is ordereen and enacted by the authority 
aforesaid, to bee a good secure Pound made, keept 
and maintained in each Towne with a lock key and 
staple, and if there be occasion for more pounds than 
one in any Towne required as before, and the said 
pound or pounds shall be f&tted within two monts 
time after publication hereof, each Pound is to be 
sixe foot in hiegt and otherwise sufficient and strong 
to secure all unruly Swine and Cattle that may trets- 
passe in any man's inclosed land breaking in fields 
or the like without a keeper and in case of night 
(neglect) each Towne shall pay a ffine of fforty shil- 
lings, but it is notwithstanding provideen, that a 
man may release his or their Cattle by relieven 



NEW NETHERLAND. 503 

paying the Pound keeper a head and SuPeTa!? 

engaiging to satisfie such damage as shall be made onpa|iS| 

, ^ fees and 

justly to appeare that the same Cattle or Swine have llll''rftytoT 
done, but whosoever shall break the pound and take ''*"*^^'- 
out any Swine or Cattle each man shall pay for every 
offence of pound breack a fine of tenne Pounds and £'g"^'^*„ 
all Cattle and Swine pounders as aforesaid and after o°fl}o.''''"* 
24 hours shall be provideen with competent ffood 
and water by those who pound them while they con- 
tinue in holes. 

An order about Public rates. 

33. It is ordereen, that all Publique rates shall be S'be'ievled 
Eaysan, leavyeen and payd according to the Inhabit- °° 

ans heads appropriation lands, cattle & Swine, al 
male heads from sixteen years old and upwards shall OTer^iixteen 
be rateen at 20 pound value, horses of 4 yeares all hotscs, ' 
at 4 pound, of 3 years at three pound, of 2 years at 
2 pound, of a j-ear all at 20 sh — oxen of 5 years at °^^°' 
5 £, of 4 years 4 pound, of 3 years at 3 pound, of 2 
years at 2 £ of 1 year at 20 shillings — cowes of 4 <^°™' 
year all 3 pound 10 sh. of 3 years 3 pound, of two 
year 2 pound, of one year at 20 sh. All swine above ^"'°«' 
a year old rated at 20 s. Sheep of a year at 10 sh. sheep, and 
goats 10 sh. Land and medoe at 5 shillings each ^*'"^- 
acran. Every person is oblidged to give in all & f^f^^^^f,^ 
wholy there estates as aforesaid unto the Clarke of tXV° 

Clerk 

each Towne, When they are required unto by any 
magistrates of their respective Towne, and no person 
shall hide or conseall any part of their estate upon f^tse^-^"' 
the penalty of fforfeiting all that shall be concealed, '""""' 
one halfe whereof shall be for the Informer. 

• An order for Yalation of grain & provision. 

34. Itt is ordered that all publique rates shall be Pubuc 

■*■ rates to be 

paid in come and provisions at the prises ffollowing g?i?nor 
viz : Winter wheat at 5s the Bush. Summer wheat ^'"""^ ""' 



504 



LAWS OF 



Prices of 
8UCU arti- 
cles. 



Pnblic 

Treasurer 

appointed. 



Public 
debts to be 
paid on tbe 
order of tbe 
Schout, wbo 
with the 
Treasurer, 
is to audit 
public 
accounta. 



Public cred- 
itors to 
bring In 
their 
accounts 
within ten 
days, and to 
prove the 
same, on 
pain of 
losing tbe 
debt. 



Magistrates 
to certify 
accounts, 
but the 
Auditors 
may pay 
or reject 
them. 



Ketums of 
estates to be 
made 



at 4sh. 6p. rye at 4, peas at 3s. and Indian pork 
(corn) at 3s the Bush. Pork at 3 penc the lb. and 
beefe at 2 pence Tallow and butter at six pence a 
pound. 

Act about a Treasurer. 

36 (sic.) Be it enacted that Mr. Jacoi Melyn shall be 
the Country Treasurer until another person be chosen 
and placed in that office and the said Treasurer is to 
receive all the publique rates, ffines &c. into his pos- 
session, of which he is obliged to keep au exact true 
account and to pay all such reall debts, which are 
properly belonging to the Ountree, to discharge 
which debts are to be payd by virtue of an order of 
Mr. Ogden the Schout and not otherwise, and the 
Schout and Treasurer are to examine all such 
accounts and debts which shall att any time be 
brought in and presented, and the Schout and Secre- 
tary are to audite the Ountrys account in the treas- 
urers hands when there shall be occasion. 

37. It is further ordered whereas many complaints 
have been made, that the Ouutry stands indebted to 
sundry persons, that what person or persons the 
Ountry is justly owing and indebted unto shall 
within ten days after publication hereof bring or 
sent in theire accounts in every Towne unto the 
Magistrates of their respective Towne and who- 
soever shall flaile soe toe doe shall loos the money 
which is due unto them, and all the said creditors ar 
required to prove and make suflBciently appeare the 
said debts to be due before the said Magistrates, and 
they the said Magistrates are to certifle to the Schout, 
when and upon what ground the said debts whear 
created and the Schout and Treasurer may except' or 
reject the said debts. 

38. It is enacted, that the magistrates in each 
Towne doe cause their Inhabitans to bring in to the 



NEW NETHERLARD. 505 

Clarke of every Towne the account of their estates within ten 

•^ days to 

according to an act in that case provided within cleTk.who 

then days after publication hereof, and the said g^H^ 

Olarkes in each respective Towne are to deliever the Ztismu''" 

said account unto their Magistrates who are to send l|fo'^'„°a||f'' 

the Summe to tall of every Townes estate brought in sre«?ary? 
as aforesaid unto the Secretary. 

39. It is ordered that the Secretary's sallery this ^f^^ 
year in consideration of what hee doeth for the Pub- ^^"^'=^^- 
licque, shall be twenty pounds which is to be paid by 

the Treasurer when he receives money ffrom the 
Ountry. 

40. It is enacted by the said authority that Elizabeth ^^^f^ 
Toivne* shall be the place & chiffe seat of Judges ffor IFciE'" 
this Scout-ship, and upon all occasions for all Assem- ^'Smci. 
blyes & Courts or Committees. It shall be the place 

of meeting, sitting, consulting and managing the 
publique affaires ffor the cuntrie. 

An order for the CommitU. 

41. Itt is enacteen, there shall be a Oommitte oourtfobe 
holden at Eliesdbeth Towne the theiren tuesday of SiT?S 

one Magis- 

every next ensuing, the quorum of this Com- |Sh?„"wn, 

mitt^ shall be one of the Magistrates of each Towne ^iSaS'/^ 

^ toxon every 

in this Scout-ship, and Mr. John Ogden Schout shall day"'th1" 
(be) president thereof and all actions of debt and wtPchthe* 

^ ' ^ Schout to 

damage as alsoe criminal cases to the value of Sftfave*"* 
twenty pounds shall be tryed and desiedeen without jl^f^J^j 
appeal by this Court, & all summons for this Court °■^^^^■ 
shall be served ten days before the Court and declara- 
tions entred, that defendands may take out coppies 
in convenient time. The ffees of this court is as 
voloweth 



* " Each Towne" are the words in the MS., but this is evidently an 
error of the transcriber. 



64 



506 LAWS OF 

Sit co'"t!' Writing each warrant, 01. 00 

Sapenes, 00.06 

Serving each, 00. 06 

Entring each action, 05. 00 

Tryallof d", 12. 00 

Entring the Judgment 03. 06 

To the Steebo each action, 01. 00 

Witnesses each, 01. 00 

or more if occasion, 
Atturney flees, 05. 



Town 

Courta 
established, 



To decide 
cases of £5, 
without 
appeal. 



Fees of 

Town 

Courts. 



Sellout, 
Treasurer 
and Secre- 
tary to 
petition for 
privileges 
and redress 
of griev- 
ances. 



An Order for Toivne Courts. 

42. It is ordereen that Courts shall be holden in 
every Towne in perticular when the magistrates of 
any Towne shall see cause to appoint which Court 
(shall) have power, to try decide and pas judgment 
upon all actions to the valine of five pounds without 
appeal. 

The ffees of the said Court shall be 

sh 

Warrands, 01. 00 

Sapenas, 00. 06 

Entring each action, 02. 06 

Tryalof d°, 06.00 

Entring the judgment, 01. 08 

Stebo for each action, 01. 00 

Evidence day, 01. 00 

Atturney flees, 02. 06 

By order of the Schout and the Magistrates of 
After Coll. Nov. 18, 1673. 

S. Hopkins, Seer. 

43. It is agreed and concludeen upon the authority 
above, and it is ordered that the Schout, the Treas- 
urer and Secretary shall frame, draw and (present) 
to his Hon"^ the Governour a petition or petitions for 



NEW NETHERLAND. 507 

any privileges for the Ountry and for the removing 
of any inconveniences or grievances. 
W order as aforesaid 

Sam. Hopkins, Secret. 
30' January, 1674. The Governor-General having ^etwoS"for 
read and considered the petition of John Oqden, ofthrpr?? 

^ ceding 

Schout at AgJiter Col, requesting in substance : First ^''^=- 
the Governor General's ratification of some Ordi- 
nances enacted by the Magistrates, according to the 
copies thereof delivered in 

It is Ordered : The petitioner is directed to have 
the enacted Ordinances translated into the Dutch 
language, when they will be examined, and if found 
suitable, ratified. iV. T. Col MSS. XXUI. 202, 203. 

Note. — The preceding Laws are printed according to the transcript 
made by Mr. Vanderkemp, the original being missing. Elizabeth- 
town, Woodbridge, Shrewsbury, Newark, Fiscattaway and Middleton, 
in New Jersey, constituted the District oiAchter Col. Tb. 



Of the Governor General and Council of New Netherland further pro- 
hibiting the entertainment of Strangers, and forbidding intercourse 
or correspondence with the people of New England. Passed 12 
Decemler, 1673. 

[N. T. Col. MSS. XXm. 173.] 

Whereas it is found by experience that, notwith- 
standing the previously published Ordinance and 
Edicts, many Strangers, yea enemies of this State, 
attempt to come within this government without 
having previously obtained any consent or pass- 
port, and have even presumed to show themselves 
within this city of New Orange; also that many 
Inhabitants of this Province, losing sight of and 
forgetting their Oath of Allegiance, presume still 
daily to correspond, and exchange letters with 
the Inhabitants of the neighboring colonies of New 



508 



LAWS OF 



Strangers 
and all 
others who 
have not 
taken the 
oath of 
allegiance, 
to quit the 
Province 
within 
twenty- four 
hours. 



No persons 
to come into 
the Prov- 
ince without 
permission, 
on pain of 
being con- 
sidered 
Spies, and 
punished 
accordingly. 



No 

Strangers 
to be har- 
bored over 
night, un- 
less re- 
ported to 
the Magis- 
trate. 



No Corres- 
pondence to 
he held with 
the JVeiy 
Enpland 
Colonies 
and other 
public 
enemies, 
and no sup- 
plies to be 



England and other enemies of this State, whence 
nothing else can result but great prejudice and 
loss to this Province, and it is, accordingly, neces- 
sary that seasonable provision be made therein, 

Therefore, the Governor General of Neiv Netherlands 
by and with the advice of his Council, renewing the 
aforesaid Ordinances and Edicts enacted on that 
subject, have deemed it highly necessary strictly to 
order and command that all Strangers and others, 
of what nation or quality soever they may be, who 
have not as yet bound themselves by Oath and 
promise of fealty to the present Supreme govern- 
ment of this Province and have not been received 
by it as good subjects, do within the space of four 
and twenty hours from the publication hereof depart 
from out this Province of New Netherland, and 
further interdicting and forbidding any person, not 
being actually an inhabitant and subject of this 
government, from coming within this government 
without first having obtained due license and pass- 
port to that end, on pain and penalty that the 
contraveners shall not be considered other than 
open enemies and spies of this State, and conse- 
quently be arbitrarily punished as an example to 
others. And to the end that they may be the more 
easily discovered and found out, all Inhabitants of 
this Province are interdicted and forbidden from 
henceforth harboring or lodging any strangers over 
night in their houses or dwellings unless they have 
previously given due communication thereof to their 
officer or Magistrate before sundown, under the 
penalty set forth in the former Edict. 

Furthermore the Inhabitants of this Province are 
strictly interdicted and forbidden from this day 
forward from holding any correspondence with the 
neighboring Colonies of New England and all others 
actual enemies of our State, much less afford them 



NEW NETHERLAND. 509 

any supplies of any description on pain of forfeiting {^^^"^ 
the goods and double the value thereof, likewise ji'„ition 
from exchanging any letters of what nature soever °"'"'^°°'^- 
they may be, without having obtained previous 
special consent thereto. Therefore all messengers, 
skippers, travelers, together with all others whom 
these may in any wise concern, are most expressly or ilom'° 
forbidden to take charge of, much less to deliver, [£^^J^f^° 
any letters coming from the enemy's places or going uveredtnto 

tb6 SGcr6- 

thither, but immediately on their arrival to deliver *''jfy>°ff™ 
them into the Secretary's office here in order to be K^pauP' 

by the re- 

duly examined, on pain of being fined One hundred S|\y^^rt?''of 
guilders in Beaver, to be paid by the receiver as len.^^'^ 
well as by the deliverer of each letter which contrary 
to the tenor hereof shall be exchanged or delivered. 

And finally, all officers, justices and magistrates 
of this Province are ordered and commanded to be 
careful that these presents be promptly put into 
execution, and the contra veners properly punished. 

Done, Fort William Hendrick, this 12'" December, 
1673. 

(Signed,) A. Oolve. 

(Undersigned,) N. "QxY Mm, Secretary. 



510 



LAWS OB 



ORDINANCE 



Kxportar 
tion of pro- 
visions, etc., 
from New 
Orange, pro- 
hibited. 



Citizens to 
lay in six or 
eight 
months' 
supplies. 



Of the Governor General and Council of New Netherland prohibiting 
the exportation of provisions and other articles, and directing the 
laying in at New Orange of supplies for Six or Eight months. 
Passed 22 December, 1673. 

[N. T. Col. MSS. XXni. 181.] 

Whereas it is found that some persons are, con- 
trary to the Edict issued on the exportation of provis- 
ions and other goods, dated 12'" instant, exporting a 
large quantity of provisions, the Governor and Coun- 
cil of New Netherland have therefore thought fit to 
prohibit and forbid, until further explanation of said 
Edict, the exportation from this city from this day 
forth of all provisions and other articles except so 
much as each of the inhabitants of this Province 
residing on the Flat land, shall have need of for their 
families and no more. Further, the well disposed 
inhabitants of this city are ordered and commanded 
from this day forward, to begin to lay in a supply of 
necessary provisions for their families for six or eight 
consecutive months, commencing next April. Let 
every one be warned hereby. 

Dated Fort Willem Eendrick, 22'> X"", 1673. 



NEW NETHERLAND. 511 



ORDINANCE 

Of the Governor General of New Netherland for the preservation and se- 
curity of the Fortifications of New Orange. Passed 27 December, 1673. 

[N. Y. Col. MSS. XXin. 187.] 

Wheeeas the fortifications of this city of New Preamwe. 
Orange have, at great and excessive expense, trouble 
and labor to the citizens and inhabitants, been for 
the most part brought to perfection, and it is there- 
fore necessary that some orders be given for their 
preservation and the greater security of this city ; 
therefore, the Governor General of New Netherland 
hath deemed it requisite to enact the following orders 
and to make them known by publication to the 
Burghers : 

First. From this day forward the Burgher guard of burgher 
this city shall be posted and commence at the beat of S^e'^os'tfa 
the drum, about half au hour before sunset, when the berorTsuS"!' 

Bet. 

city soldiers then to mount guard shall parade before 
the City Hall of this city, on pain of paying the fine 
formerly afiBxed. 

Item, the city gate shall be closed by the Town city gate to 
Major and his accompanying men at sundown, and \f^^l^„ 
be again opened in like form at sunrise. aQdsimrise. 

Item, the Burghers and inhabitants of this city and no person 

° •' to go on tha 

all others, of what quality soever they may be, the uo''m t.^ 
guard alone excepted, are strictly interdicted and oS'lSdaSL- 
forbidden to attempt between sunset and sunrise in 
any wise going on the walls, bastions or batteries of 
this city, ou pain of corporal punishment. 

Item, all and every, be they who they may, are on pin of 
most strictly interdicted and forbidden, on pain of qSit"thecity 
death, to presume to enter or leave this city by land, exce*p"tV 
by any other means, way or manner than solely «*'*■ 
through the ordinary city gate. 

And finally, whereas it is found that the Hogs 
which are kept in great numbers here in this 



512 



LAWS OF 



HogB not to 
be allowed 
to go ou tbe 
fortifica- 
tions, on 
pain of for- 
feiture and 
double tlie 
value 
thereof. 



city at large in the public streets, have done much 
damage from time to time to earthen fortifica- 
tions, and that the same will again inevitably happen 
here to the erected works, every one who keeps any 
Hogs within this city, is therefore ordered and com- 
manded to be careful that their Hogs shall not go to, 
in or on the walls, bastions, curtains or batteries, on 
forfeiture of said Hogs and double the value thereof, 
to be applied one-half to the Informer and the other 
half to the oflScer who shall levy the execution. Let 
all and every be hereby warned and take heed 
against loss. 

Dated Fort Willem Bendrick this 27'" X"", 1673. 

By order of the Governor General of New Nether- 
land. 

(Signed,) E". Batakd, Secretary. 

This was proclaimed and affixed this day. 



ORDINANCE 



Schout and 
Magistrates 
of New 
Orange to 
maintain 
theBe- 
formed Be- 
ligion agree- 
ably to the 
Synod of 

DOTt. 

Schout to 
attend and 
preside at 
meetings of 
the Burgo- 
masters and 
Schepens, 
unless 
another 
person be 
appointed. 
When 
Schout acts 
as Public 
prosecutor 
he shall not 



Of the Governor General and Council of New Netherland prescribing 
the Duties and Powers of the Court of the City of New Orange. 
Passed 15 January, 1674. 

[N. T. Col. MSS. XXm. 195.] 

1^* The Schout and Magistrates, each in his quality, 
shall take care that the Eeformed Christian Eeligion 
conformable to the Synod of Dordrecht shall be main- 
tained, without suffering any other Sects attempting 
any thing contrary thereto. 

2. The Schout shall be present at all Meetings and 
preside there, unless the Honorable Governor or 
some person appointed by him be present who then 
shall preside, when the Schout shall rank next below 
the youngest acting Burgomaster. But whensoever 
the Schout acts as Prosecutor on behalf of Justice 
or otherwise, having made his complaint, he shall 



NEW NETHERLAND. 513 

then rise up and absent himself from the Bench dur- fit on the 

^ Bench. 

ing the deciding of the case. 

3. All matters appertaining to the Police, Security, g^^^V" 

and Peace of the Inhabitants, also to Justice between Mtfi^fcT' 

the amount 

man and man, shall be determined by final Judgment ^^ea"^; 

by the Schout, Burgomasters and Schepens aforesaid SboJfthat 

amount 

to the amount of Fifty Beavers and under, but in J*?J|'|S'*. 

all cases exceeding that sum, each one shall be at lib- colSfcu?'* 
erty to appeal to the Governor General and Council 
here. 

4 All criminal offenses which shall be committed Jurisdiction 

of the Court 

within this City and the Jurisdiction thereof, shall be cm™w'°°^ 

amenable to the judicature of said Schout, Burgo- r^iqSies 

•^ o punishable 

masters and Schepens, who shall have power to judge tat^lflen- 

and sentence the same even unto death inclusive; ingMrporai 

' punlsh- 

provided, and on condition, that no sentence of cor- S^lcu'^a'® 

poral punishment shall be executed unless the fl^'ff^v^J' 

approval of the Governor General and Council shall aJincrif 
be first sought and obtained therefor. 

5. The Court shall be convoked by the presiding ^°^'oJ[„ 
Burgomaster who shall, the night before, make the tn^^fthe 
same known to Capt. Willem Knyff (who is hereby gj:i°j*^ 
provisionally qualified and authorized to b? present aSa"''*'^' 
at and preside over the Court in the name and on 

the behalf of the Governor), and so forth to the 
remaining Schout, Burgomasters and Schepens. 

6. All motions shall be put by the first Burgomas- g,yj,^g2i 
ter, whose proposition being made and submitted for ifSSga. 
consideration, the Commissioner there presiding in 

the name of the Governor, shall first vote there, and 
so afterward the remaining Magistrates, each accord- 
ing to his rank; and the votes being collected, it 
shall then be concluded according to plurality. But 

if it happen that the votes are equal, the President ^jfj?g°'"> 

shall then have power to decide by his vote, in which SS'n^'oTol' 

case, those of the contrary opinion as well as those ifyt?"be re- 
corded, but 

of the minority, may register their opinions on the JShiTc*^* 

65 



514 LAWS OF 

Minutes, but not publish the same in any manner 
Senior Bur- Qut of the Oourt ou paiu of arbitrary correction. 

gomaster to * v 

of tSoMd 7. The Burgomasters shall change rank every half 
months, year, wherein the oldest shall first occupy the place 

then to be •' ' fjr- 

by'thfnfxt of President and the next shall follow him ; but dur- 
elaj^bui^this ing this current year the change shall take place every 
quanlfrfy four mouths, since three Burgomasters are appointed 

during the ,. ,-. . 

current lor this ycar. 

year. "^ 

Court to 8. The Schout, Burgomasters and Schepens shall 

hold regular 

d^yBtoYe" told their Session and Oourt Meeting as often as the 
aploiml'I same shall be necessary, on condition of previously 

appointing regular days therefor. 
Schout, 9. The Schout, Burgomasters and Schepens shall 

Burgomas- ^ ^ 

tfchope^ns have power to enact and, with the approbation of 
toeSt" the Governor, to publish and afiBx Statutes, Ordi- 

ordinances, ^ 

nances and Placards for the Peace, Quiet and Advan- 
tage of this City and the Inhabitants thereof within 
fliSting"with their district, provided that the same do not in any 
Fifthe1-Yan°d; wlse couflict, but agree, as much as possible, with 

the Laws and Statutes of our Fatherland. 
LawsanT 10. Said Schout, Burgomasters and Schepens shall 

Orders of ^"^ 

tte^Bxecu- be bound rigidly to observe and cause to be observed 
er^'e'nfent; ^^^ Edlcts aud Ordlnauces of the Chief Magistracy, 
and not to suffer any thing to be done contrary 
thereto, but proceed against the Oontraveners accord- 
ing to the tenor thereof; and further promptly exe- 
cute such orders as the Governor General shall send 
them from time to time. 
To^^knowi- 11. The Schout, Burgomaster and Schepens shall 
tbe"sov?r- be also bound to acknowledge their High Mighti- 

eigntyofthe ci <= 

Gralraiand Desscs thc Lords States General of the United 

orowe,"ind Netherlands and His Serene Highness the Lord 

Prince of Orange, as their Sovereign Eulers, and to 

maintain their High Jurisdiction, Eight and Domain 

in this Country. 

Sior'Sffl?' 12. The election of all inferior officers and servants 

cers, except 

J^^'^secre- m the cffiploy of said Schout, Burgomasters and 



NEW NETHERLANR 515 

Schepens shall, with the sole exception of the Secre- 
tary, be made and confirmed by themselves. 

13. The Schout shall execute all judgments of the f^^JtV" 
Burgomasters and Schepens, without relaxing any, oftlfcoSt, 
unless with the advice of the Court, also take good nuisances. 
care that the jurisdiction under his authority shall 

be cleansed of all Vagabonds, Whore-houses, Gam- 
bling houses and such impurities. 

14. The Schout shall receive all fines imposed dur- gg^"/"** 
ing his time, provided they do not exceed yearly the 

sum of Twelve hundred Guilders Wampum value, 
which having received he shall enjoy the just half 
of all the other fines, on condition that he presume 
neither directly nor indirectly to compound with any 
criminals, but leave them to the judgment of the 
Magistrates. 

15. The Schout, Burgomasters and Schepens afore- ^™«»°'i 
said shall convoke an Assembly on the 11'" day of o'ew'Sigis- 
the month of August, being eight days before the 
election of New Magistrates, and in presence of the 
Commissioner to be qualified for that purpose by 

the Hon"'" Governor General, nominate a double 
number of the best qualified, honestest and wealthiest Tueirquau- 
persons, and only such as are of the Eeformed Chris- 
tian Eeligion, or at least well affected toward it, as 
Schout, Burgomasters and Schepens aforesaid, which 
nomination shall be handed and presented folded and 
sealed, on the same day, to his Honor ; from which 
nomination the election shall then be made by his 
Honor on the 17'" day of the month of August, with 
continuation of some of the old Magistrates, in case 
his Honor shall deem the same necessary. 

Done, Fort Willem HendricTc the 15'" January, 
1674. 

By order of the Hon"" Governor General of New 

Netherland, 

(Signed,) N. Bataed, SecreV. 



516 



LAWS OF 



• Preamble. 



Sale or ?ift 
of strong 
T,tquors to 
Boldiersj 
and taking 
on pledge, 
or purchas- 
ing, their 
clothing, 
arme or 
accoutre- 
ments, pro- 
hibited. 



Penalty. 



ORDINANCE 

Of the Governor General of New Netherland further prohibiting the 
sale of Strong Liquor to Soldiers in garrison at New Orange. 
I'assed 24 January, 1674. 

[N. Y. Col. MSS. XXni. 202.] 

Whekeas it is found by daily experience that, 
notwithstanding previously issued Ordinances and 
Edicts, some inhabitants of this City still presume 
to sell strong drink to the Soldiers and Matrosses in 
the public service here in Fort William Hendriclc, and 
on board the ships of "War, whence great mischiefs 
arise ; Therefore the Governor General of New Neth- 
erland hath thought proper, renewing and enlarging 
the previous Edicts on this subject enacted, strictly 
to interdict all persons, of what quality soever they 
may be, after the publication hereof, from selling, 
bartering, giving on credit, or making a present to 
any of the said Soldiers or Matrosses of any strong 
liquor, much less to receive on pawn or to buy any 
clothing, arms, ammunition or other material there- 
for; and whosoever IS found contravening these shall 
not only not receive any satisfaction for his delivered 
"Wares, but, moreover, pay a fine of One hundred 
guilders in Beaver for each time, and the Officers 
whom these may concern are recommended and com- 
manded to take care that these be put into execution 
and the violators thereof be duly prosecuted. 

Done, Fort William Hendriclc, this 24 January, 
1674. , 



NEW NETHERLAND. 517 



ORDINANCE 

Of the G-overnor General of New Netherland authorizing the imposing 
of a Tax for the payment of the Debt of the city of New Orange, 
and appointing Commissioners to assess the same. Passed 1 Feb- 
ruary, 1674. 

[N. T. Col. Mss. xxrn. soe.] 
Whbkbas the Burgomasters and Schepens of the ^'^'^Me. 
city of New Orange, have made known to me by peti- 
tion that, in consequence of the excessive expenses 
incurred by them in the fortification of this City, they 
owe a considerable sum of money, and that they are 
daily troubled and applied to by their creditors for 
payment ; requesting that some expedient be found 
and invented for the payment and discharge of those 
expenses already incurred, and yet to be incurred 
for completing said fortifications, which request of 
theirs being found consistent with equity, and taking 
its necessity into serious consideration, I find that for 
the present no means can be enacted or discovered 
more reasonable, fitter or more equitable than to 
raise the moneys by form of a tax on the wealthi- 
est and most afl3uent inhabitants, as is practiced 
in Fatherland, in such and similar circumstances. 
Therefore have I deemed it necessary to Ordain that ^^5t?fo'?* 
an assessed tax be levied on the estate and means, iH'S'oTanga 

/I 1 1 1 • 1 1 > worth over 

without any exception, of all the mhabitants of this JvTaluhor- 
city of New Orange, those alone being exempted '^^' 
whose capital shall be estimated not to exceed the 
sum of One thousand guilders Wampum value, and 
in order that said assessment may be effected in the 
tenderest and fairest manner, I have resolved, that it 
be made by six indifferent persons, and to that end 
have commissioned and appointed, do hereby com- co^mmis"-' 
mission and appoint, for the supreme government vaiutluch 
Mr. Cornells Steenwyck and Secretary Nicolas Bayard, 
and for the commonalty, Mr. Cornells van Buyven, 



518 LAWS OF 

and Mr. Olof Stevensen van Cortlant, who with the 
two Deputies to be commissioned by the Magistrates 
from their body are authorized to effect said valuation 
in manner as aforesaid, and render me a written 
report thereof. 
Done, FortWillem HendricTc, this 1st February, 1674. 



ORDINAitTCE 

Of the Governor General and Council of New Netherland prohibiting 
the use of any other than Amsterdam Weights and Measures. 
Passed 20 Febrtiary, 1674. 

[N. T. Col. MSS. XXm. 212.] 

Preamble. The Govcmor General and Council of New Nether- 
land, being informed that previous to the date hereof 
divers sorts of Measures and Weights have been in 
use in this City, whereby the good Inhabitants are 
liable to be seriously defrauded and wronged ; there- 
fore the Governor General and Council have thought 
it necessary to interdict and forbid all Merchants, 
Traders, Shopkeepers and others who vend or sell any 
No Weights thing by the ell, measure or weight, from making 
MccpuhosI use within this City of any other than the real Am- 
Skijfeu-; sterdam Measure and Weight; and in order that such 
""*' may be done, all Merchants, Shopkeepers and Inhabit- 
ants of this City are ordered and commanded to 
Weights have their measures, ells and weights stamped within 

and Meas- 

uTM^inuae fourteen days from the date hereof by the sworn 
s^'^"^ Sealer, to be appointed by the Worshipful Court of 
this City, on pain and fine of Twenty-five guilders, 
Penalty. Bcaver currency, for each unsealed Weight or Meas- 
ure which will be used after that date by any Mer- 
chants, traders or inhabitants, and the officers whom 
these may concern are strictly ordered to be careful 
that this be particularly observed and duly executed. 
Done, Fort William Hendrick, the 20 February, 
1674. 



NEW NETHERLAND. 519 



ORDINANCE 

Of the Governor General of New Netherland calling on the Militia 
of the Dutch Towns to repair to New Orange on the first notice. 
Passed 13 March, 1674. 

[N. T. Col. MSS. XXin. 223.] 

The Governor General of Neiv Netherland : To all 
those who shall see these presents or hear them read, 
Greeting, makes known • 

Whereas the fortifications of the city of iVew preamwe. 
Orange, are, by the good zeal and industry of its 
Burghers, so far completed as to be now on the eve 
of perfection, when this City will be in such a state 
of defense that it will be capable (under God) of 
resisting all attacks of any enemies which might be 
expected to come hither; nevertheless, considering 
that in such case it would not be possible to defend 
all the surrounding villages and out places of this 
Province, but that their safety must depend alone on 
the preservation of said City, as previous experience 
hath clearly made manifest ; therefore have I deemed 
it necessary hereby, strictly to order and to command 
all out people of the Dutch nation, dwelling in the InSlDMSx 
respective circumjacent towns, and on the Flat land, ceSTo^^ 
that they repair to the aforesaid city of New Orange aSedto 
without any delay, provided with proper hand and n^ot'ceStb" 

*J ^ *■ ■*• ^ approach of 

side arms, on the first notice they shall receive of the t^«'^°o™y- 
enemy's approach, or even of the coming of more 
than one ship at the same time, whether it be with 
the Prince's flag or otherwise, on penalty that all 
who will be found negligent therein, shall be declared i'e'"'«y- 
traitors and perjurers, and consequently be proceeded 
against as enemies, or be punished with death and 
confiscation of all their goods, as an example to 
others; and all Schouts, Magistrates and Militia ordcrtobo 

' ^ published in 

officers of the respective towns to whom these shall toVm"^' 



be transmitted, are ordered and commanded to make 



520 LAWS OF 

known this our order without any delay, in their 
respective towns and the dependencies thereof, by 
publishing and posting the same, to the end that no 
man plead ignorance in the premises, and further- 
more take care that this our order be duly observed 
and executed according to the precise tenor thereof. 

Done, Fort Willem Hendriclc, this 13'" March, 1674. 
(Signed,) A. Colve. 

By order of the Hon'''® the Governor General of 
N. Netherland. 

(Signed,) N. Bataed, Secretary. 

The above Proclamation is transmitted to the 
Schouts and Magistrates of the towns of Midwout, 
Amesfordt, Breuckelen, Utrecht, BoswycTc, Haerlem, 
Fordham, Bergen. 



Preamble. 



ORDINANCE 

Of the GrOTernor General of New Netherland forbidding inhabitants 
of New Orange leaving, or passing the night outside, the City 
without permission, or corresponding with the enemy. Passed 16 
March, 1674. 

[N. Y. CoL MSS. TXTTT 224.] 

The Governor General of New Netherland: To all 
those who shall see these presents or hear them read, 
Greeting, makes known : 

Whereas the fortifications of this city New Orange 
are, through the good zeal and industry of its citi- 
zens, so far advanced that they will now soon be 
brought to such perfection and posture of defense, 
as to be, under God, capable of resistance and 
defense against the attacks of any enemies who 
might be expected, nevertheless it being considered 
that the preservation of the entire Province, is for 
the most part dependent on the preservation and 
security of this place, therefore have I at this present 



NEW NETHERLAND, 521 

conjuncture, for its better security to call on and 
order all the out people of the Dutch nation in the 
circumjacent towns, and on the Flat land, to repair 
to this City with their respective companies, on the 
first notice of the approach of any enemy, and to 
stand by their colors, as they have all promised to do ; 
therefore have I, in like manner, deemed it essen- 
tially necessary, all and every of the Burghers, Free- inimbitama 
men (Poorters) and inhabitants of this city. New ^Sand 
Orange, women and young children only excepted, ^^p^^^°"°f 
strictly to interdict and forbid, without exception of niSt out- 
what rank soever he may be, to presume to depart Ijj'^^^^j^ 
hence to any other place, or to pass the night out of ^'°''" 
this City without special consent from their Magis- 
trates and oflBcers, much less to absent themselves persona 
from within this City, on the arrival of any enemies, l^^^^^^f'^ 
or directly or indirectly to correspond with the enemy ip^roachof, 

or corrcy- 

on pain of death and the confiscation of all their p™^^^^^ 

enemy, to 



property. 



goods; andthoseof the Court of this city aforesaid are be'Sshed 

T 1 T T 1 by death 

hereby ordered and instructed to communicate these flS^t?o''n"of ' 
presents to their inhabitants, to the end that no man 
plead ignorance in the premises. 
Done, Fort Willem Eendrick, this 16'" March, 1